By Henry Kargbo
Presiding Judge of the Anti-Corruption Commission High Court No1, in the continuing New York Chancery Building matter, Hon Justice Adrian Fisher has said in Freetown that there is insufficient basis in the affidavit warrant filed by the defence team of the fourth accused to recall Joseph Bockarie Panda Noah, the Seventeen Prosecutor PW17th and PW 18 Dr. Alie Kabba for recross examinations. He said that the affidavit warrant lacks insufficient basis to recall the witnesses for recross examinations and therefore dismissed the application.
Hon Justice Fisher last Thursday 6 April 2023 made statement whiles delivering a ruling on connection the application filed by the Lead Defence Counsel representing the fourth accused, and the main opposition All People’s Congress – APC leader and presidential candidate for the June 24 presidential elections, Dr Samura Mathew Wilson Kamara, Franklyn Bai Kargbo Esq. Lawyer Kargbo in his submission recalled prosecution witnesses to testify in connection with their recent visit at the Chancery building in New York.
Hon. Justice Fisher in his ruling said the Lead Defence Counsel filed an affidavit with exhibit attached to it seeking the recall of Bockarie Panda Noah and Alie Kabba to be recross examined based on the locust visit they made in New York.
He said the court the purpose of the visit was for a re-examination of the Chancery building in New York, adding that prosecution witness, Joseph Panda Bockarie Noah was in court and never testify that he visited the Chancery building in New York, but he was in China on another assignment.
He told the court that Noah was in court for eight weeks and was cross examined extensively by defence counsels, adding that the witness was in court in January 2022 and finished in February 2022.
The ACC Judge informed the court that the eighteenth prosecution witness Dr. Alie Kabba was also in court and testify and was extensively cross examined by defence counsels.
Lawyer Frankly Bai Kargbo after the ruling said they as defence counsels have no option on decision made by the Judge.
Hon. Justice Fisher also overruled against Africanus Sesay Esq objection which he made before the court that the court register did not take an oath before writing the report on the chancery visit to New York.
After the ruling, the ACC Lead prosecutor C.T. Matesbo told the court that the witness Panda Bockarie travelled with the Minister of Works to Abuja and time has far been spent and they will return to the country on 14 April 2023.
The matter was adjoined to 17 April 2023 for hearing.
