LAND MARK COCAINE SENTENCE HANDED DOWN

UNCLAS SECTION 01 OF 02 FREETOWN 000157

SIPDIS

DEPARTMENT FOR AF/W (JHUNTER)

E.O. 12958
TAGS: PGOV PREL PHUM PINR SL

SUBJECT: LAND MARK COCAINE SENTENCE HANDED DOWN

REF: 08 FREETOWN 336
FREETOWN 152
FREETWON 154


1. SUMMARY: Justice Nicholas Colin Browne-Marke, Justice of the
Appeals Court and Presiding Judge on the Sierra Leone's cocaine case
(reftels A and B),handed custodian sentences and fines to all
fifteen accused persons on Tuesday April 21. For the accused Sierra
Leoneans, the fines ranged from 25 million Leones (8,000 USD) to 300
million Leones (100,000 USD) and the sentences ranged from two years
to five years. The fines for the accused foreigners ranged from 1.5
million to 4 million USD, with prison sentences of five years. This
cable serves to provide details of the final sentencing for all
those convicted in the case noted in reftels. END SUMMARY

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SENTENCING
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2. On Tuesday April 21, Justice Nicolas Colin Browne-Marke, Justice
of the Appeals Court and Presiding Judge for the cocaine trial in
Sierra Leone, handed down custodian sentences and fines to all
fifteen accused persons. The accused were convicted and sentenced
on varying combinations of five counts. Count I, for the
'importation of a prohibited drug without lawful authority contrary
to the law'; Count II, for 'accessory after the fact to the
importation of a prohibited drug without lawful authority'; Count
IV, for 'possession of a prohibited drug without lawful authority';
Count V, for 'conspiracy to import a prohibited drug without lawful
authority'; and Count VI, for 'knowingly and willfully displaying a
false mark on an aircraft contrary to the law'. None of the accused
were convicted on Count III, 'misprision of felony'.


3. Sentencing was as follows:

George Aritstizabel Archilla, Victor Manuel Araujo Lastreto, and
Julio Cesar Morales-Cruz, the first, second and third accused
respectively, were each convicted on all five counts. They were
each fined a total of four million dollars and sentenced to five
years imprisonment.

Harvey Steven Perez, the eighth accused, was convicted on Counts II
and V. He was fined a total of five million dollars and sentenced
to five years imprisonment

Gerardo Quistana Perez, the ninth accused, was convicted on Counts
II and V. He was fined a total of two million dollars and sentenced
to five years imprisonment.

Yeimy Fernandez Leandro, the tenth accused, was convicted on Counts
II and V. He was fined a total of three million dollars and
sentenced to five years imprisonment.

Mohamed Bashil Sesay (AKA Ahmed Sesay),the fourth accused, was
convicted on Count V. He was fined 300 million Leones and sentenced
to five years imprisonment.

Hassan Karim Mansaray, the fifth accused, was convicted on Count V.
He was fined 100 million Leones and sentenced to two years
imprisonment.

Patrick Moriba Bah, the sixth accused, was convicted on Count V. He
was fined 25 million Leones and sentenced to five years
imprisonment.

Chernor Momodu Bah, the seventh accused, was convicted on Count V.
He was fined 150 million Leones and sentenced to five years.

Alex Romeo and Sadjo Sarr, the eleventh and sixteenth accused
respectively, were each convicted on Count V. They were both fined
1.5 million dollars and sentenced to five years imprisonment.

Ibrahim Mohamed Manley and Alimamy Kabia, the twelfth and fifteenth
accused respectively, were convicted on Count V. They were both
fined 150 million Leones and sentenced to five years imprisonment.

Mohamed Musa Kamara, eighteenth accused, was convicted on Count V.
He was fined 50 million Leones and sentenced to three years
imprisonment.

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CONSEQUENTIAL ORDERS: RESTITUTIONAL,
CONFISCATION FORFEITURE
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3. The Judge ruled that all the accused persons have a right to
appeal within twenty-one days. He ordered that arms and ammunitions
found in the residences, vehicles or on the persons of the accused
should be handed over to the Chief of Defense Staff of the Sierra
Leone Armed Forces. The judge ordered that the passports of the

FREETOWN 00000157 002 OF 002


Sierra Leoneans be handed over to the Chief Immigration Officer and
the passports of the foreigners be kept in the court. All monies
seized from any of the accused persons and tendered in court as
exhibit should be used in the payment of the fines of the affected
accused persons. He ordered that the aircraft used to transport the
cocaine be sold on May 5 and that the cocaine should be destroyed
within forty-eight hours. The judge also recommended an expulsion
order for the accused foreigners. He ordered that all vehicles
seized in connection with the case be handed over to the Master and
Registrar of the High Court with exception of one Mercedes Truck,
which should be returned to the President's Office.


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AFTERMATH OF THE SENTENCE
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4. Sierra Leoneans have shown mixed reactions to the verdict and
sentencing, feeling that the punishment was too light. Others had
expressed skepticism that the cocaine would be intact by the time it
was destroyed. However, the cocaine was eventually destroyed in a
legitimate public ceremony on 23 April witnessed by embassy
personnel and other international observers(reftel C).