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. -------------- "DOING THE WORLD A FAVOR" -------------- ¶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.) -------------- CASE UPDATE -------------- ¶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, FREETOWN 00000580 002 OF 002 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. -------------- PRISON BREAK -------------- ¶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. -------------- COMMENT -------------- ¶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