S v Bockarie Kakay & Others (CR APP 1 of 2000) [2008] SLCA 69 (28 March 2008)

y/ < a5 ¥ CRAPP. NO.1/2000 x IN THE COURT OF APPEAL FOR SIERRA LEONE BETWEEN: THE STATE - APPELLANT sf vs BOCKARIE KAKAY (TRADING AS MARIAMA & SONS) = RESPONDENT. CRAPP.NO.2/2000 ‘THE STATE 2 > APPELLANT vs Th Garden. [fe HARRY WILL 14| = RESPONDENT. CR-APP.NO.3/2000 ‘THE STATE - APPELLANT vs LAMINA FEIKA RESPONDENT CRAP. NO. 4/2000 LAMINA FEIKA - APPELLANT vs ‘THE STATE - RESPONDENT CR. APP, NO.5/2000 ' HARRY WILL + APPELLANT vs ‘THE STATE RESPONDENT

Coram

HON. MR. JUSTICE MLE. TOLLA THOMPSON, SC. HON. MR. JUSTICE A.N.B. STRONGE, J. HON. MR. JUSTICE S.A. ADEMOSU, JA, S-E. BEREWA ESQ. ATTORNEY-GENERAL AND B. KEBBIE £SQ.0OR THE STATE ~ RESPONDENT/APPELLANT 2 BANDA THOMAS ESQ. - FOR IST APPELLANT/IST RESPONDENT ILA. CAESAR E59. FOR 2” APPELLANT2° RESPONDENT N.D.TRIAN COLE ESQ. - FOR S" RESPONDED d JUDGMENT DELIVERED ON 1118 28!" DAY OF MARCH 2008

2 cll Es Tolla Thompson, JSC. ' My Lords, ‘The defendants Harry Will , Lamina Feika and Bockarie Kakay (Trading as Mariama & Sons) * wikie charged before Taju-Deen J. at fcotown on an Indictment containing int» s'ia ten Counts alleging conspiracy to defraud contrary to law on the 1" Count and nine other Counts of Causing Money to be paid to another and Obtaining Money by False Pretences Contrary to Sees. 32 (I) of the Larceny Act 1916. PARTICULARS OF THE OFFENCE: Count 1: That the defendants between 1* day of June 1998 and the 31% July 1999 at Freetown in the Western Area of Sierra Leone with Intent to Defraud: conspired together with other persons unknown to defraud the Government of Sierra Leone by causing the said Government to incur great liability and expenses than was warranted by means of the false representation ‘oral and written made by the said Dr. Harry Will, Lamina Feika and Bockarie Kakay; trading ‘as Mariama and Sons relating to the time of supply CIF Freetown to the said Government by the said Bockarie Kakay trading as Mariama and Sons of 1000 metric tons of good quality seed rice from Ghana and also by means of oral and written false representation made by them relating to the cost price of the said 1000 metric tons of the said seed rice and the urgency and need for procuring the same from outside Sierra Leone. ‘Count 2; That the two defendants Dr. Harry Will and LaminFeika on or about the 3" day of July 1998 at Freetown in the Western Area of Sierra Leone with intent to defraud caused the sum of $270,000 to be paid from the Agricultural Section Support Project (ASSP) to the account of Bockarie Kakay trading as Mariama & Sons by falsely pretending that the cost price of 1,000 metric tons of seed rice to be supplied to the Government of Sierra Leone within three to four weeks CIF Freetown from Ghana by the said Bockarie Kakay trading as Mariana and Sons to the Government of Sierra Leone was $1,350,000 at the rate of $1,350 per metric ton; that the said $270,000 was advance payment in respect of the said $1,350,000 at the said rate per ton: and that the said Bockarie Kakay trading as Mariama and Sons was entitled to be paid the said sum of $270,000 being 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 ton to be supplied by him to the said Government of Sierra Leone. ‘Count 3; ‘That the defendant Bockarie Kakay trading as Matiama & Sons on o about the 4 day of July 1998 at Freetown in the Wester Ares of Sierra Leone with intent to defied obtained fiom the Agricultural Sector Support Project (ASSP) the sum of $270,000 by falsely Dreteuing that the cost price of 1,000 metric tons of seed rice to he supplied by hin for t n Government of sierta Leone from the Republic of Ghana within three to four weeks CT

; 3 a2 p. Freetown as $1,350,000 atthe rate of $1,350 per metric ton that the said $270,000 was advance payment in respect of the said $1,350,000 at the said rate per ton and that the said Bockarie Kakay trading as Mariama & Sons was entitled to be paid by the Government of Sierra Leone F the said sum of $270,006 being advance payment for the said sim of $1,350,000 which was the cost price forthe said 1,000 metric tons of seed rice atthe said rate per metric ton to be supplied by him to the said Government of Sierra Leone. Count 4: That Bockarie Kakay trading as Mariama and Sons on or about the 3 day of July 1998 at Freetown in the Western Area of Sierra Leone with intent to deftaud caused the sum of $270,000 to be paid to the account of Mariama & Sons for his benefit from the Agricultural Sector Support Project (ASSP) by falsely pretending thatthe cost price of 1,000 metric tons of seed rice to be supplied by the said Bockarie Kakay trading as Mariama & Sons from Ghana to the Government of Sierra Leone with thre to four weeks CIF Freetown was $1,350,000 at the rate of $1,350,00 per metic ton; thatthe sad $270,000 was advance payment in respect of the said $1,350,000 at the said rate per ton and that the said Bockarie Kakay, trading as Mariama & Sons was entitled to be paid by the Government of Sierra Leone the said sum of $270,000 being advance payment forthe 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 to be supplied by him to the said Government of Sietra Leone. Count $: That Dr. Harry Will and Lamina Feika on or about the I day of October 1998 at Freetown in the Westen Area of Sierra Leone with intent to defraud caused the sum of '8607,500 to be paid from the Agricultural Sector Support Project (ASSP) to the account of Mariama & Sons Ltd. For the benefit of Bockatie Kakay trading as Mariama & Sons by falsely pretending that the said Bockarie Kakay tading as Mariama & Sons on or about the I" day of September 1998 supplied to the Government of Sicira Leone 450 metvie tons of good quality seed rice, the said 450 metric tons being made up as follows: 150 metric tons supplied from Ghana and 300 metre tons supplied fom Ivory Coast That the said 450 metic tons of sced rice were part of the quantity of 1,000 metic tons of good quality seed rice the said Bockatie Kakay trading as Mariana & Sons contracted on the 3" day of July 1998 to supply to the Government of Sierra Leone from Ghana within three to four wecks CIF Freetown, thatthe eost price ofthe sad | 1,000 metric tons of seed ice was $1,350 per mettie ton he had by the M day of October, 1998 supplied tne sid 450 mettic tones of seed vice under te sad contract and that the sid Bockarie Kakay trang as Marianna & Sons was end to be ply the be sad Goverment of Sierra Lone the said sam of $607,000 as the cust peice of the sa

450 metric tons of the said sa esty seed rice supplied by him to the said if Government of Sierra Leone. Count 6: that Bockarie Kakay trading as Mariama & Sons on our about the 1" day of October 1998 at Freetown in the Westen Area of Sierra Leone with intent to defraud caused the sum of 7 $607,500 "to “be paid to the account of Mariama é& ‘Sons Ltd. for his benefit from the” Agricultural Sector Support Project (ASSP) by falsely pretending that he Bockatie Kakay trading as Mariama & Sons on our about the 1" day of September 1998 supplied to the Government of Sierra Leone 450 metric tons of good quality seed rice; the said 450 metric tons of seed rice being made up as follows: 150 metric tons of supplied from Ghana and 300 metric tons supplied from Ivory Coast, that the said 450 metric tons were part of the quantity of 1,000 metric tons of good | ‘quality seed ice the s aid Bockarie Kakay trading as Mariama & Sons contracted on the 3 day of July 1998 to supply to the Government from Ghana within 3 to 4 weeks | CIF Freetown that the cost price of the said 1000 metric tons of seed rice was $1,350 per metric tons that he had by the first day of October 1998 supplied the said 450 metric tons of seed rice to the Government of Sierra Leone under the said contract and that the said Bockarie Kakay trading as Mariama & Sons was entitled to be paid by the said Government of Sierra Leone the sum of $607,500 as the cost price of the said 450 metric tons of the said good quality seed rice atthe said rate supplied by him to the said Government of Sierra Leone. | Count; that Bockarie Kakay trading as Mariama & Sons on or about the 1" day of October | 1998 at Freetown in the Western Area of Sierra Leone with intent to defraud obtained the sum 0 $607,500 from the Agricultural Sector Support Project (ASSP) by falsely pretending that he the said Bockarie Kakay trading as Mariama & Sons on ot a bout 1* day of September 1998 supplied to the Government of Sierra Leone 450 mettic tons of good quality seed rice the saic 450 metric tons of seed rice being made up as follows: 150 metric tons supplied from Ghana and 300 metric tons supplied from Ivory Coast, that the said 450 metric tons were part of the quantity of 1000 metric tons of good quality seed rice, ‘The said Bockarie Kakay trading as Mariama & Sons contracted on the 3" day of July 1998 to supply to the Government from Ghana within 3 to 4 weeks CIF Freetown that the cost price of the said 1000 metric tons of seed rice was $1,350 4 per metric tons that he had by the first day of October 1998 supplied the said 450 metric tos of seed rice to the Government of Sietta ‘cone under the sail contract and that the said Bockarie Kakay tracing as Mariama & Sons was entitled to be pad by the ls said Goverument of Sierta Leone the sum of $607,500 as the cost price of the said 450

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