COCAINE CASE CRAWLS

C O N F I D E N T I A L SECTION 01 OF 02 FREETOWN 000580

SIPDIS

DEPARTMENT FOR AF/W (JHUNTER/ESPRUILL),INL/AAE
CONSULATE LAGOS FOR DOJ/DEA (SGAYE)

E.O. 12958: DECL: 12/11/2018
TAGS: PGOV PREL SNAR SL
SUBJECT: COCAINE CASE CRAWLS

REF: A. FREETOWN 530

B. FREETOWN 552

Classified By: Ambassador June Carter Perry for reasons 1/4 (b/d)


1. (C) Summary: Ambassador met with Foreign Minister Zainab
Bangura on December 8 for an update on the pending expulsion
request for two individuals to face narcotics charges in a
U.S. Court (reftel B). President Koroma is still considering
the request, made November 24, and told Bangura that he will
discuss it with the Attorney General (AG) prior to taking
action. In a December 9 telephone call to Ambassador,
Minister Bangura stated the President was now more inclined
to move forward. Koroma understands that a decision must be
made quickly, but his upcoming schedule, including the Mano
River and ECOWAS Summits, will likely preclude a substantive
consideration of the issue before the end of the year.
Koroma's glacial pace in decision-making mirrors the speed of
progress on the overall case since it broke in July, though
the case is starting to inch forward. Post continues to
puzzle over why Koroma is hedging at the removal of two
wanted criminals from his threadbare judicial system. End
Summary.

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"DOING THE WORLD A FAVOR"
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2. (C) During the December 8 meeting, Ambassador discussed
the potential public relations bonanza an expulsion would
represent for the President, especially during the holiday
season. Ambassador also explained the danger of trying to
hold drug cartel leaders in a decrepit facility and the
potential for "deals" between the prisoners and their guards.
Bangura appeared to agree, and then provided her own
suggestions for "selling" the expulsion to the President. She
believes that Koroma does not fully understand how the two
individuals fit into a larger narcotics ring. Bangura
suggested making a graphic presentation to the President to
clarify who the individuals are in the narcotics trafficking
world, the impact their criminal activities have had on
multiple continents, and how their expulsion will benefit
Sierra Leone and other countries.


3. (C) Twenty-four hours later, Bangura contacted Ambassador
to advise she had again discussed the matter with the
President. The Foreign Minister believes he is more inclined
to act. She thought our highlighting the risks to Sierra
Leone in keeping two hardcore dealers influenced Koroma's
thinking and stated the GoSL believes "buy offs" have already
begun. This is not surprising given the corrupt, often inept,
police force. Bangura stated that she cannot advocate for the
USG position regarding the expulsion, but recommends
providing further information to the President that will make
him see the expulsion as a "win-win" scenario. Bangura
further said that Koroma intends to discuss the request with
the AG, though post is aware that their relationship is
strained at best (Comment: The AG is known for manipulation
and actively pursuing his own political objectives (reftel
A),even at the expense of his own government and APC party
colleagues. His potential response to the expulsion request
is difficult to gauge, but he will likely only support it if
it further his own goals or somehow makes Koroma look bad.
End Comment.)

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CASE UPDATE
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4. (C) The AG requested to move the case from the
Magistrate's Court to the High Court on December 5. Eighteen
prisoners were re-arrested at the Pademba Road Prison on
December 9 and faced new charges under the 2008 National Drug
Control Act on December 10 before Justice Nicholas
Brown-Mark. The AG backdated the 2008 law to cover the crimes
that occurred in July. Defense counsel sources have already
indicated that they will appeal the decision to use the 2008
law on constitutional grounds before the Supreme Court. Until
the appeal is drafted, the 18 defendants will continue to
answer to lesser charges in the Magistrate's Court for the
conceivable future, as well as the narcotics charges in the
High Court. Their next scheduled court dates are December 17
before the Magistrate's Court and December 22 before the High
Court. The remaining three accused will be charged in the
Magistrate's Court for perverting the course of justice.


5. (C) Now that the narcotics charges have been laid, both
the prosecution and defense will submit motions, including
bail for the defendants and destruction of the evidence.
Given that the defendants, particularly the foreign citizens,

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are flight-risks, sources expect they will continue to be
remanded. The destruction of evidence issue will be
problematic if a constitutional appeal is filed. If the new
charges are overturned in a constitutional appeals process
and the evidence has been destroyed, the defendants will
likely only face the lesser charges in the Magistrate's Court
(Note: Whether or not they could be charged under the 2001
law if the 2008 charges are dropped is ambiguous. Even if
those charges are dropped and new ones brought, defense
counsel will likely appeal on the grounds of lack of physical
evidence. End Note.). To destroy the evidence, a variety of
sources concur that Koroma wants a highly public venue for
the event. He selected the Kingtom playing field despite
vehement opposition from the UK and UN. This opposition was
reinforced by Ambassador to Minister Bangura on December 8.
There are significant security concerns regarding
transporting and securing the drugs at the site.


6. (C) The AG made public statements on December 11 that the
case before the High Court, to commence December 22, will be
expeditious. He expects that evidence can be presented in a
two-week span. Given that the defense plan to mount a
constitutional appeal, the AG's optimistic timeframe will be
impossible to adhere to. A source within the defense team
told Political Assistant that the appeal will be based on two
issues: (1) Section 23 states that "no person shall be
charged under a retroactive law," while Section 106
contradicts with "(P)arliament may pass a retroactive law."
The defense will also state that the passage of the new law
was prejudicial, and enacted wholly for the purpose of
targeting their clients. Sources suggest that a Supreme Court
decision on the appeal will take at least three months.

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PRISON BREAK
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7. (C) In related news, four inmates unconnected to the
cocaine case scaled the wall of Pademba Road Prison on
December 8 and escaped. One was recaptured, but three remain
at large. Collusion with prison guards is suspected. Those
close to the investigation, including the UK's Serious
Organized Crime Agency representative and the UN Senior
Police Advisor, are concerned that the accused are growing
increasingly antsy after six months in Pademba, and will put
pressure on their supporters to provide them with the means
to escape. Even if bail is denied, there is a strong
possibility that some will buy their way out before the case
progresses further. Emboffs are already aware that the
defendants have access to considerable sums of money, as well
as cell phones, in prison. Pademba - overcrowded, unsanitary,
and overseen by underpaid guards - is porous enough to
suggest that escape is a very real possibility.

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COMMENT
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8. (C) It is unlikely that Koroma will make a decision
regarding the expulsion request before the end of the
calendar year, given that his focus will be on multilateral
fora until around December 20, and then the Christmas
holiday. Beyond scheduling and competing priorities, it is
difficult to determine the motivation for Koroma's reticence
regarding the expulsion. Koroma wants to have a very public
cocaine burning, which we and the British have strongly
discouraged in favor of releasing the contraband into deep
ocean waters; the UN has offered to handle this. Promises of
substantial USG public and financial support seem to have had
little appreciable impact. The involvement of the AG brings
another independent variable whose motives are opaque.
Despite not knowing exactly what buttons to push, Bangura's
advice to frame the situation even more clearly as a
potential political triumph is worth taking. We do see her
subsequent sense that Koroma is taking our position more
positively as a major development. When he will act remains
to be seen. Post looks forward to further assistance from the
DEA to encourage a positive decision, recognizing that time
is of the essence before the USG's wanted criminals disappear
due to legal incompetence or inadequate security. End Comment
PERRY