Dr. Konteh’s case turning around as defense team argues strongly
The much publicized trial of the former Chief of Staff Dr. Richard Konteh, Alie Suma and Crosby seems to be turning around as Defense Counsels led by Pa Momoh Fofana, Melron Nicol Wilson and others have argued that their client, Konteh, has no case to answer in court as value added timber was never banned.
Dr. Konteh’s defense team advanced their argument during their second appearance on Monday, 30th June, 2014. The learned lawyers described the arrest, detention and prosecution of their client as unlawful and pleaded that the charges be dropped. The defense team held that the national ban/moratorium on the export of timber did not and does not include the export of “value added processed timber.”
The Public Notice banning the export of timber dated 26th February, 2013, was tendered in evidence by the prosecution through their first witness, the Acting Director of Forestry. He admitted in evidence that the public Notice exists other than the above banning the export of timber, except for “Value added timber”.
The witness also agreed during the cross-examination that Dr. Richard Konteh’s letter of 11th February, 2014 addressed to timber Harvesters Company for clearance for the export of “Value added timber” was conditioned on a number of parameters set out in Dr. Konteh’s letter, including: 1. That the permission of the office of the president through the office of Chief of Staff and other relevant ministries, including Agriculture and Trade, was to be sought every time the Timber Harvesters’s Company wanted to export “Value added timber” from Sierra Leone ; 2. That all levies and taxes were to be paid to the NRA by the Company before export ; and 3. That every export of “Value added tax” was to be on a case by case basis. It was also proved in court that the Timber Harvester’s Company paid taxes for thirty containers and obtained permission from the ministries of Trade and Agriculture to stuff the export thirty containers of “Value added processed timber”.
In view of the foregoing and considering that there was no ban on the export of “Value added processed timber”, the question that generally filled the court was: Why were Dr. Richard Konteh and the others arrested, detained and prosecuted for an act that was NOT illegal? Why were they also of evading payment of taxes to NRA? According to the Defense Team for all three accused persons, the arrest, detention and prosecution of their clients is unlawful and that the charges against them must be dropped or dismissed without delay.
However, Presiding Magistrate after listening to both prosecuting and defense refused them bail and adjoined the matter to 7th July 2014.
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Joseph B. A. Kamara
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ON WHAT LEGAL GROUNDS?
ON WHAT LEGAL GROUNDS?
7th July 2014Richard Conteh and his co-conspirators
were not charged for tax evasion but for
DEFRAUDING the government of Sierra Leone. As defense Attorneys do, they will pull all the strings to make believe that their client is innocent .
The defense team is deviating from the actual charges of their client