S v Bockarie Kakay & 4 Others (CR APP 1 of 2000) [2008] SLCA 64 (28 March 2008)

I 9 crane a ide eau la N_THE COURT OF 1 For SER ow “WEEN: wen THE STATE ~ APPELLANT VS BOCKARIE KAKAY (TRADING AS MARIAMA & SONS) = RESPONDENT cRapr.no.2/2000 THE STATE, - APPELLANT vs th Qader. HARRY WILL x +f *_ RESPONDENT CRAPP.NO.3/2000 THE STATE : APPELLANT vs LAMINA FEIKA = RESPONDENT CRAPP. NO. 4/2000 LAMINA FEIKA ~ APPELLANT vs ‘THE STATE = RESPONDENT CR. APP. NO.5/2000 ' HARRY WILL < APPELLANT vs E . RESPONDENT conan: ‘THE STATE HON. MR. JUSTICE ME. TOLLA THOMPSON: ssc. HON. MR. JUSTICE ANB. STRONGE, JAY HON. MR. JUSTICE S.A- ADEMOSU, JAY SE BEREWA ESQ. ATTORNEY-GENERAL ANP 1B. KEBBIE ESQ.FOR THE ‘ATE. - RESPONDENT/APPELLANT SPONDEN BANDA THOMAS TSO. ia TOR Vor APPELLANTS RESPONDENT ma CAESAR ESQ. ~ FOR 38? APPEL LANT?2' RESPONDENT ND.TEJAN COLE ESQ. - FOR3"? RESPONDENT UDGMENT DELIVERED ON THE28™ DAY of MARCH 2008 oe

ota Thompson, 1SCmy Lords se defendants Hay Will Lamina Feika and Beckarie Kakay (Trading as Mariama & Sons) itd charged before TajurDeen J. at Free:own on aa Indictment containing inter alia ten counts alleging conspiracy (0 defraud contrary to law on the 1" Count and nine other Counts sg casing Money 10 be paid to another and Obtaining Money by Fake Pretences Contrary 10 secs. 32 (1) of the Larceny Act 1916. paRTICULARS OF THE OFFENCE: Coat; That the defendants between I" day of June 1998 an be 31 July 1999 at Freetown inte Wester Area of Siera Leone with Intent to Defiaud: conspired wast with other eons unknown to defraud the Government of Sierra Leone Py <xS55 the said Government ‘oir great liability and expenses than was warranted by means of ts false representation stand writen made by the said Dr. Harry Will Lamina Feika and Bockaris Kakays trading «Mariam and Sons relating to the time of supply CIF Eresiown to the sid Gover by the suid Bockarie Kakay trading as Mariama and Sons of 1000 metric fons of good quality seed tie fom Ghana and also by means of oral and wren fae representation ace PY them reling tothe cost price of the said 1000 metric tons of the ssié seed rice and the urgency and teed for procuring the same from outside Sierra Leone: (ound: That the two defendants Dr. Hary Will nd Lamin.Feika 09 oF about the 3° day of ‘ay 1998 at Freetown in the Westem Area of Siea Leone wih ine! defraud caused the ‘ua of $270,000 to be paid from the Agricultural Section SUPPO Project (ASSP) 10 the ‘oun of Bockarie Kakay trading as Mariama & Sons by fase pretending thatthe cost price ° 1000 metic tons of seed rice to be supplied tothe Governmet! of Sierra Leone within fect weeks CIF Freetown fom Ghana by he sid Bois akay trading as Mariama * Sons tothe Government of Sierra Leone was $1,350,000 aE BIE cof $1,350 per metric as the sid $270,000 was advance payeent in spect ofS asian _ ton; nd that the said Bockare Kaka trading a Masons eet

Pid the said sum of $270,000 being advance payment fF ME said sum of $1,350,000 which the cost pr . ca sarge atte sid rate po 1010 BE "lady ee for the said 1,000 metric tons of Caan him tothe sad Government of Siam LEO yop tout te 3 “oth That the defendant Bockarie Kakay trading &8 — pment defi 2819 arcmin Wee ST un of 570 Prego the Aericultural Seetor ‘Support Preject (ASP) the s' fe

‘ing that the ; ree tons of sed ree © supplied by him forthe Sree cs re of 1,000 m vaste fos CF

sierra Leone from the Republic of Oh" ce

3 q 2 eo a8 $1,380,000 at the rate of $1,350 per metric ton that the said $270,000 was advance pment in tespect of the said $1,350,000 at the said rate per ton and thet the said Bockarie aay wading as Mariama & Sons was eset be psi bythe Goveranes ef Sea Lovee sess sum of $270,000 being advance payment for the sid sum of $1,350,000 which wes se east price forthe said 1,000 metric tons of seed ce at he sid rate pes es ton to be applied by him to the said Government of Sierra Leone ‘Gomt4: Tha: Bockarie Kakay trading as Mariama and Sons on or about the 31 day of July 99 at Freetown in the Western Area of Sierra Leone with intent 0 defraad caused the sum of $270,006 to be paid to the account of Mariama & Sons for his benefit from the Agricultural sector Support Project (ASSP) by falsely pretending that he cos PSS of 1,000 metric tons of ‘etree be supplied by the said Bockare Kakay trading as Mariam & Sons from Ghana to te Goverment of Sierra Leone with three to four weeks CIF Freetown was $1,350,000 at the rate of $1,350,00 per metric ton; ‘that the said $270,000 was advance payment in respect of the 18 1,350,000 at the said rate per ton and thatthe sd ockarie Kakay, trading as Mariama 4 Sons was entitled to be paid by the Government of Sierra Leone the said sum of $270,000 bring advance payment for the said sum ‘of $1,350,000 which was the cost price for the said 1,000 metric tons of seed rice at the said rate per metric ton t© be supplied by tim to the said Government of Sierra Leone. Count $: That Dr. Harry Will and Lamine Feika on or about the 1" day of October 1998 at Freetown in the Westem Area of Sierra Leone ‘with intent to defraud caused the Sum of S607 500 to be paid from the Agricultural S=0F support Projet (ASSP? f0 ee sont “ Maia & Sons Lid. For the benefit of Boer Kaka? arading as Mariarra & Sons - Prendng that the sid Bockatie Kakay tang Maiama & Sons 08 * —— ane Sepember 1998 supplied to the Government of Sierra Leone 450 metre tons of good quality plies ‘ete snd 450 metric tors being ale OP flows aptied oy CORE 150 metric tons supplied from Ghan® and 300 metric he quantity of 1000 metre tons ‘That the said 450 metric tons of seed rice Were one Ss Main & Soe of good quality seed rice the said Boekarie * i _ aig ano Sia L208 contacted on the 37 day of JY 1998 8 tat the ost pce of 6 std fom Ghara win he 10 ME CaF Fre on he ad by the 1 day oF 109 metic tons of sod HEE ae fet it ‘under the said contract and October, 1998 supplied the s8id 4450 metric 1008 “ seo ald bythe tha the sxid Bockarie Kakay wali arias 1.00 ste sss of Te said ‘said Government of Siert® Leone the $ aid sum ees]

go metric tons of the said good ality as 4 3 - ‘ supplied by overament of Sierra Leone, him 10 the sad | shat Bockarie Kakay trading - gos 6 te new y 1g as Mariama & Sons on our about the 1" day of October ippat Freetown mt a wn ‘Area of Sierra Leone with intent to defrand caused the sum of | sans wo be Pa’ scot of Malan & Sn i fi Nl agictal Sector Support Project (ASSP) by falsely pretending tht eB Kokay reing 35 Moriama & Sons on our about the 1" day of September 1998 supplied to the Goverment of Sierra Leone 450 metric tons of good quality seed rice; the said 450 metric tons sjeze.ice being made up as fOllOWS: 150 metric tons of supplied from Ghana and 300 metric tons supplied from Ivor Coast, that the said 450 metric tons were Part af the quantity of 1,000 metric 1s of good | Meee Kaa ie te | the 3 day of July 1998 to supply to the Government from Ghana wittin 3 10 4 weeks | CIF Freetown that the eost price of the said 1000 metric tons of seed rice a8 $1,350 per metic tons that he had by the first day of October 1998 supplied the said 450 metric tons of seed rice (0 the Government of Sierra Leone under the said contract and that the said ng ein sw the said Government of Sierra Lecne the uP ‘9f $607,500 as the cost PCE of the said 450 metric tons of the said good quality seed rice at te said rate supplied by him to the said Government of Sierra Leone: Count 7: that Bockarie Kakay trading as Mariama & ‘sons on of about the 1" day of October 1998 at Freetown in the Western Are® ‘of Sierra Leone with jet to defraud obtained the sum 607,500 from the Agricultural Sector Support Project (assy by falsely pretending that Be the sid Bockarie Kakay trading #5 bMariama & Sons 002" ® out I day of September 1998 supplied tothe Government of Sierra Le0n® 450 metric 1095 a goer quality seed ie the sid ‘sdmevietons of sed ice being mee UP follows: rom Wry Cosh 150 metre tons supplied fom Chan? and 300 metric 01S supp fom very Cosh thatthe said 450 metric tons Wee part of the quantiy of 10 se rons woe ality seed rice. The said Bockarie Kakey trading 9s Mariame Sons contracted on - snment from Ghans within 3 to 4 weeks the 3" day of July 1998 t0 sappy tothe Gov" . CF Fi joe of the said 1000 spenric tons oF seed ice SS $1,350 renown tat cos ‘of October 1998 supplied the said 450 Fer metric tons that he bod EY TH fist 60 ns enment of SieT™ Leone under the said contract and evita of ed es tote OE sng sos was ee 19 be paid by the that the said Bockarie Kaley cading 0s Maria ; $607,500 #5 the £08! price of the said 450 ssid Government of Sera Leone sum of 9607+

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