SIERRA LEONE COCAINE TRIAL UPDATE: FOUR SUSPECTS

C O N F I D E N T I A L FREETOWN 000505

SIPDIS

DEPARTMENT FOR AF/W (JHUNTER)

E.O. 12958: DECL: 10/15/2018
TAGS: SNAR PREL SL
SUBJECT: SIERRA LEONE COCAINE TRIAL UPDATE: FOUR SUSPECTS
GRANTED BAIL

REF: FREETOWN 336

Classified By: Charge Glenn Fedzer for reasons 1.4 (b)


1. (C) Summary: Four minor suspects have been granted bail
in Sierra Leone's ongoing narcotics case (reftel),and may
have their charges dropped. Key figures remain in jail,
however, but the pace of the trials is slow. The drugs
seized in the case have not yet been destroyed, and general
consensus blames the Attorney General for the lack of
progress.

2.(C) The Sierra Leone cocaine trials are dragging out, with
no clear resolution in sight. The 19 initial cases began
simultaneously, but are now (slowly) developing at their own
pace. The ongoing delays have fueled accusations of
mismanagement and/or political interference against Attorney
General and Minister of Justice Abdul Serry-Kamal. It
appears that he alternately blocked or delayed progress,
either deliberately when in country or passively when, prior
to his departure, he reportedly instructed subordinates not
to anything during his absence through much of September from
Sierra Leone. Case evidence is gradually being presented in
the Magistrate Court for the preliminary hearings, but few
witnesses have given testimony and nothing of substance has
been entered as of yet.


3. (C) Over the last few weeks, defense attorneys have pushed
for bail, and on October 3rd, Fatmata Bangura and Bankole
Kamara Deen were granted bail. Alusine Kamara and Obai
Kamara followed on October 8th. All four, arrested for
allegedly aiding in the escape of Gibril Kamara (reftel) by
ferrying him to Conakry, have been charged with 'intent to
defeat the course of public justice' as conspirators, but are
not viewed as central figures in the narcotics smuggling.


4. (C) Although their lawyers had in some cases been pleading
for bail due to medical conditions, in the end the four were
all granted bail based on eligibility on routine legal
grounds. Embassy contacts have reported speculation that the
prosecution's recent relaxed stance on bail is an indication
that the cases on these four accused may soon be dropped.
Many sense that the prosecution lacks either sufficient
evidence or political will to convict the accused in these
specific cases.


5. (C) Applications for bail of the other 15 accused are
ongoing. Magistrate Deen Tarawalie said all bail
applications will have to be taken up with the High Court.
Embassy contacts within the defense team reported that High
Court officials and members of the prosecution team have
given 'off the record' indications that they may eventually
allow bail for the majority of the accused, but this remains
to be seen.


6. (C) Local consensus blames the Attorney General for the
lack of progress. He indicated to Embassy officers in late
August that the trials, for crimes of a relatively
straightforward nature, could be completed in several weeks;
he is now well past that target with no signs the trials will
end soon. None of the accused have been charged with drug
offenses, as no such crimes were on the books at the time of
the seizure. One key action supposedly on hold during the
AG's extended absence, the destruction of the drugs, has yet
to take place, with no explanation forthcoming. The EU sent a
diplomatic note asking for the status of the destruction
order on the 14th of October, and is awaiting a response; the
drugs are currently in the custody of British military
personnel in Sierra Leone as part of an international
military assistance program.


7. (C) Comment: Granting bail to the still-incarcerated
foreigners would amount to an acquittal, as once freed most
believe they would quickly, albeit illegally, flee the
country. It would also be a political disaster for President
Koroma, eliminating his current image as being above the
corruption. One presidential advisor conveyed to the Embassy
October 15 that many close to the president, and within the
Sierra Leone security services, are very disappointed with
the AG's performance (or lack thereof) and now believe that
he is part of the narcotics trafficking problem rather than
part of the solution. It is not clear, however, if the
President himself has lost confident in Mr. Serry-Kamal.
FEDZER