1.THE ALLEGATION

 

The Accused, Kadija Olamatu Seisay is charged with l (one) count of Misaopropriation of Public Property Contrary to Section 36 I l I of the Anti­ Corruption Act No. 12 of 2008.

 

The  particulars  of  the  offence  are  that: Kadija  Olamatu  Seisay  being the

Deputy Minister of the Ministry of Works, Housing and Infrastructure (MWHI) in Sierra Leone, on a date unknown between the 18 th  day  of  December  2017 and the 30tn day of September 2018 in Freetown in the Western Area of the Republic   of  Sierra  Leone  misappropriated  Public  Property  to  wit:  a  Toyota

Land Cruiser Jeep GX 1200 Series "Off-Road 2017" model, with registration number ANK 889.

1. On the l l th day of February 2019 the said Accused Person was arraigned and she pleaded not guilty. On the same date, an application for trial by Judge Alone was granted together with an application for an additional witness for the Prosecution,

 

3, Also, on the same date of l l th February 2019, the Accused Person, Kadija Olamatu Seisay was granted self-bail.

 

4, On the 30'h of May 2019 the Prosecution closed its case and Counsel for the Defendant, Brima Koroma Esq informed the Court that he would open the case for the Defence at the next adjour118d date, So soon thereafter, he informed the Judge in Chambers that he was withdrawing his representation. He was advised to make that announcement in open Court.

 

1. On the 9111 of July 2019, Miss I . C. Browne - Marke deputising D, E. Taylor Esq, announced representation for the Defence. On the 1 5111 of July  20 I 9, Mr Brima Koroma announced his  withdrawal  for  the  Defence  in  open court. This time both Miss. Browne - Marke and Mr. D. E.  Taylor  were absent. However, Mr. Taylor sent a message via telephone that he will be representing the Defendant.

 

1. On tr1e 23rd of July 2019 Counsel for the Defence, D. E. Taylor Esq filed a notice   of   motion   dated   2211d       of   July   2019   praying   that    the   Court perpetually stay the indictment herein and the proceedings by the State against Kadija Olamatu Seisay. A ruling was delivered on  the  5th  of February 2020 in which an interim stay of the proceedings was granted. A final ruling on  the  application was delivered on the  l 3th  day  of  May  2020 in which the evidence of an additional prosecution witness, P W 6, Sheik Ahmed Kamara  was  expunged  and  the  application  to  perpetually  stay the proceedings was dismissed.

 

1. Since the ruling of l 3th of May 2020, Counsel for the defence has been sending in one excuse after another for his absence. The Defendant has been ambivalent about making an election. She decided in the end that she wants her counsel to be present. The Court is of the view that Mr. Taylor has been treating it with contempt. He has been deliberately delaying these proceedings and abusing the process of justice. The Court has therefore decided to rely on the evidence given under caution by the Defendant to the Anti-Corruption Commission and withdraw the file for judgment.

 

1. The Prosecution's Case In Summary

 

8.1 The Prosecution's case inter alia according to the l st witness, Umar Sesay, is that in a letter addressed  to  the  Accused  Person  dated 8th December  2017  in her capacity as Deputy Minister of Works, Housing and  Infrastructure  was assigned a bmnd r1ew official vehicle  with registration number  ANK  889 Exhibit  Bl- 3 and exhibit C.

PW 2, Mohamed Kini-Smart told the Court that he was the Transport and Liaison Officer at the Ministry of Transport and Aviation; with principal duties  which included: facilitation of  the  allocation  of  government  vehicles  to  ministers, deputy ministers and other senior government officials.

He recalled the 8'1 of December 20I 7 when he received a letter from the Secretary to the Minister of Transport and Aviation saying that a vehicle had been assigned to Kadija Olamatu Seisay, then Deputy Minister of Works, Housing and Infrastructure. He said that on the l 3th of December 20 l 7 he facilitated and licensed the insured vehicle in the name of the Ministry of Transport and Aviation. He said that some time circa 18 th December 2017, Kadija 0. Seisay and her security cum driver by the name of Prince, went to his office to receive the said vehicle.

He explained that as per procedures for handing over vehicles, a vehicle inventory and receipt form was signed by Kadija Seisay and Prince signed as the witness; Exhibit B1-3. He said that he handed it over to Kadija Olamatu Seisay on

the 1 2th of December 2017. T '"stated that the vehicle registration number was

ANK 889, the Make/Type was Toyota Land Cruiser  Jeep  VS,  the  purpose  was official; Exhibit B3 which is a copy of the Life Card.

He said that it was not a common practice for ministers  to  ask  for  the  Life Card  of their official vehicle.

The 4tn Prosecution Witness, Prince Kennick, who was the Body Guard of the Accused, told the Court that the KadijaWJ Seisay sent him to the Ministry of Transport and Aviation to collect the Life  Card  of  her  official  vehicle.  He  said that Mr. Kini-Smart, the 2nd prosecution witness gave him the Life Card which he signed for. He said that it was the original Life Card and he handed it over to the Accused. Mr. Kennick testified that the Accused informed him that she  was travelling to Conakry, Guinea; and that he did not  accompany  h8r  on  the  trip since he was not asked to do so.

 

The Defence Case

 

The Court relied on the contemporaneous statements made by  the  Accused Person. Kadija Olamatu Seisay to the Anti-Corruptiori Commission (The State) which was tendered as exhibit A 1- 24. In the said statements she denied misappropriating public property to wit: Toyota Land Cruiser Jeep GX 1200 Series "Off-Road 2017" model with registration number ANK 889. (See the rest of the Defence's case under' Analysis of the Law, Evidence and Findings' below).

The Law

The law defines misappropria,;on  as  'the  unlawful  taking  of  money  O(  property for an unouthori;:ed µu;pose; Garner S. A. 'Black's Law f)icticnary' 12009. 9th ed] West Thomson Reuters Publishers.

According to section 36 11 I of the Anti-Corruption Act of 2008, a person who misappropriates public revenue, public funds or property commits an offence."

 

Analysis of the Law, Evidence and Findings

The State has charged Kadija Seisay, a former Deputy Minister of Works, Housing and Infrastructure with one count of Misappropriation of  Public  Property  contrary to section 36 11 I of the Anti-Corruption Act of 2008. The said section 36 I1l says

that "a person who misappropriates public revenue, public funds or property commits an offence."

Furthermore, section 36 (2) of the said Act provides  that  "a  person misappropriates public revenue, public funds  or  property  if  he  willfully  commits an act, whether by himself, with or through another person,  by  which  a  public body is deprived of any revenue, funds or other financial interest or property belonging or due to that public body.

The question that arises is: Did the Accused Person, Kadija Olamatu Seisay misappropriate the said Toyota Land Cruiser Jeep GX 1200 Series  "Off  Road 2017" model, with registration number ANK 889; a public property? The verb 'to misappropriate' is to take and use property or money dishonestly; Black's Law Dictionary (supra). It is any assumption by a person of  the  rights of an  owner or any such dishonest appropriation of property belonging to another  with  the intention of permanently depriving the other of it.

From the evidence before the Court as testified by the  2nd  Prosecution  Witness, Mr. Mohamed Kini - Smart, a Transport Liaison officer of the Ministry of Transport and Aviation, he informed the Court that in January 2018, the Accused Person, Kadija Olamatu Seisay telephoned him to say  that  she  will  be  travelling  to Guinea on an official trip; and that she would need the original life card of her  official vehicle as a "pass". He said that he referred her  to  the  Permanent Secretary or the Minister of Transport and Aviation for approval.

He then said that Kadija Olamatu Seisay then sent the 4th Prosecution Witness, Prince Kennick to collect the Life Card from him, Mr Kini-Smart, on the understanding  that  she would  return it immediately  she returned. He  said  that  in May 201 8 he  called tl1e  Accused Person  for her to r0turn the  Life Card, since his Miinistry was updating vehicles that were assig,1ed to ministers and deputy ministers; but she ,1ever serit it back. '/'/hen asked v-:hether it was  common practice for ministers to ask for the life cards of  their  official vehicles, Mr. Kini­ Smart said no.

Under cross - examination, Mr Kini - Smart said that  Kadija  Olamatu  Seisay did not sign for the life card of the  said  vehicle. Ms. Seisay  however,  did  not deny that the life card and vehicle were given to her. She did  not  deny  that  she travelled to Guinea either.

The 3rd   Prosecution  Witness,  Joseph  Tekman  Kanu,  a  Civil Servant  and Senior Permanent Secretary  at  the  Ministry  of  Tourism  and  Cultural  Affairs;  testified  to the  court  on   the  1st   and     8th  of   April  2019.  He  said  that  he  requested  for the assigned official vehicle from the Accused Person and she told him that it had been commandeered by unknown persons. Mr. Kanu said that he told her to report the incident to the police. He said that he never heard from her aga'1n. Under cross-examination, he told the court that the Accused Person did not make the report to him in writing; but did orally.

The 4th Prosecution Witness, Prince Kennick. the Personal Body Guard of the Accused Person, Kadija Olamatu Seisay. in his evidence to the court said that in January to February 2018 the Accused Person sent him to collect the life card of the said vehicle. He said that he collected the card from Mr. Kini-Smart, the 2r,d Prosecution Witness and that he signed for it.

He said that the life card was the original card and that he took it  to  the Accused Person; and which she accepted. He testified that Kadija Olamatu told him that she was going to travel to Conakry to buy spare parts. In response to a question as to whether he travelled with her; he said no because he was not asked to by her.

During her interview statement under caution  at  the  Anti-Corruption Commission 011 the 18" of September 2018. Kodija Olamatu Seisay admitted that during her tenure as the Deputy Minister of Works, Housing and Infrastructure, she was assigned with an offic'ial land cruiser vehicle with registration number  Ai'!K  889. She recalled being the receipient  of  the  said  vehicle  when it  was  handed  over to her at the  Ministry of  Transport  and  Aviation and  that  she signed for it  on  the l 8t11 of December 2017. She also confirmed that she signed for the said vehicle in tho presence of the Transport Officer, Mr. Mohamed Smart and her  Secur;,ty Officer, Mr. Prince Kennick.

Ms. Seisay also said that she was aware that  by  acknowledging  receipt  of  the said vehicle, it implied that the safe custody of the vehicle was her responsibility.

On the question of whether she knows that her actions in  the  handling  of  an official  government  vehicle  assigned  to  her,  amounted  to  negligence   that could be  attributed  to  the  misappropriation  of  public  property  contrary  to Section 36 ( l I of the Anti-Corruption Act of  2008.  Kadija  Ola ma tu Seisay  said that she knew that it was her responsibility to look after the said vehicle, but did not agree to being negligent because it was the  circumstances  that prevailed  at the frme, that made her ask a Mr. Bashiru to drive the said vehicle.

On the question as to whether  she  cross-checked  with  her  grand-daughter  on Mr. Bashiru's version  of  events, since she  reported that  her grand-daughter was  in the vehicle; Ms. Seisay replied that it did not occur to her to ask, since her grand-daughter was only 7 years old and was a "small kid."

During her interview on Wednesday 7th November 2018 on a question as to the location of the vehicle's life card, Ms. Seisay said that "it was in the vehicle ever since."

When she was asked as to how she possessed the Life Card of the vehicle; she said that she had an official trip to make to Guinea  between  December, January and February on infrastructure and had to go with the vehicle. She said that whilst trying to obtain the travelling documents, it was requested that she submit the Life Card of the vehicle.

Ms. Seisay also explainerl that the then Minister of Transport  and  Aviation,  insisted that the Life Card must be returned to the Transport Officer  upon her return; but that when she returned, it did not occur to her to return the Life Card.

Furthermore, Ms. Seisay said that she heard about the instruction to hand over government vehicles in the possession of Ministers and other former officials; cl1Qtl. but that she was in Magburaka then; and did not do anything about it.

Ms. Seisay opined that the said vehicle was not misappropriated; but was convinced that it was forcefully taken from a Mr. Bashiru, a private driver of hers.

From the facts and evidence of the case and taking into consideration the provision of the law as stoled above, it is clear that Kadrja Olamatu Seisay understood that she was responsible for the care and safety of her official vehicle, Toyota Land Cruiser Registration No. ANK 889. She admitted to have requested for the Life Card of the vehicle because she wanted to go on an official duty in Conakry, Guinea.

It is the view of  this Court that possession  of the Life Card of  a  vehicle translates to ownership. Ms se·1say did not have to own the official vehicle in order to travel on an official trip. She had no business requesting for the said Life Card because travelling on official duties automatically triggers  the  Foreign  Affairs  Department to conduct all the necessaries; not Ms. Seisay. Under such circumstances, all she does is to receive her travel documents, per diem and other  official  necessities from her Ministry. Her actions were therefore fraudulent.

The Court has carefully listened to the witnesses of the prosecution, who are all public officials who stated what their duties were and have all in the estimation of this Court, carried out their duties diligently. Ms. Seisay was given an opportunity to make an election but she refused stating that she wanted to wait for her lawyer; who had asked for so many long adjournments to the extent that the file had to be withdrawn for judgment.

I have no doubt in my mind that the Accused,  Kadija  Olamatu  Seisay,  judging from her statement to the Anti-Corruption  Commission  (The  State)  has  treated the misappropriation of the said vehicle with impunity. It  is  clear  that  she  really did not care and she  considered  the  vehicle  to  be  her  own  private  property. She saw her 7 year old daughter  as  "a  little  Kid"  who  would  not  understand what is going on around her if she was  asked. I  found  that  amazing.  She  said that the erstwhile Minister of Transport and Aviation "insisted  that  she return the Life Card to the Transport Officer" but said that she forgot  about  that  on  her return.

This indicated that she did not see  the  significance  of her responsibility and  did not attach any importance to the trust that was reposed in her as  a  Deputy  Minister. She did not believe that she was r1egligent.

In view of the whole evidence before  the  Court  and  the  law;  and  considering that the vehicle has been found, I find Kadija Olamatu Seisay, Former Deputy Minister of Works, Housing and Infrastructure Guilty of the offence of Misappropriation of Public Property contrary to Section 36 ( l I of the Anti­

Corruptiun A.ct of 2008.

 

Sentence:

 

l. that Kadija Olamatu Seisay is to pay a fine of Le 60,000,000  (Sixty  Million Leones) into the Consolidated Revenue Fund within 28 days from today's judgment OR

2. Serve a period of 4 years (Four years) Imprisonment.