WORKING DAY AND NIGHT: SL CORRUPTION FIGHT

UNCLAS SECTION 01 OF 02 FREETOWN 000249

SIPDIS

DEPARTMENT FOR AF/W (JHUNTER)

E.O. 12958: N/A
TAGS: PGOV PREL KCRM KJUS SL
SUBJECT: WORKING DAY AND NIGHT: SL CORRUPTION FIGHT
CONTINUES


1. Summary: Sierra Leone continues to struggle against
pervasive corruption, particularly in the public sector,
despite the strength of the Anti-Corruption Act amendment
passed in 2008. As investigative reporting organizations such
as Transparency International begin to include Sierra Leone
in their yearly assessments of the region and data on
corruption is collected more systematically, the particular
nature of corruption in this country can be further teased
out. The public is keenly aware that corruption is an endemic
problem, and generally supports efforts to convict those
involved. However, the ACC has been ruffling feathers with
what is sometimes perceived to be an overzealous and
unchecked approach. ACC Commissioner Abdul Tejan-Cole told
Emboffs in a meeting that he is unconcerned about "making
friends" in his line of work, and remains committed to going
after the "big fish," potentially with USG help. The ACC is
proving itself to be one of the most effective government
entities, but the problem facing it remains huge. End Summary.

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HIGHLIGHTING CORRUPTION IN SIERRA LEONE
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2. Transparency International released the 2009 Global
Corruption Barometer on June 3, 2009 - a survey tool that
assesses general public attitudes toward and experience of
corruption. For the first time in its six year history, the
Barometer included Sierra Leone in the group of 69 countries
polled (Note: Transparency International's Corruption
Perceptions Index, a separate instrument which ranks 180
countries by their perceived levels of corruption, as
determined by expert assessments and opinion surveys, ranked
Sierra Leone 150th in 2007, and 158th in 2008. End Note).
Fieldwork for the Barometer was completed in Sierra Leone
February 16-27 by Statview International, who conducted 1000
face to face interviews. Sixty-four percent of respondents in
Sierra Leone reported that they or someone living in their
household had paid a bribe in the last 12 months. On a scale
from 1: Not Corrupt, to 5: Extremely Corrupt, Public
Officials/Civil Servants (4.3) and the Judiciary (4.3) were
perceived as the most corrupt institutions, followed closely
by Political Parties (4.0),Business/Private Sector (3.9) and
Parliament/Legislature (3.8). The media received a
significantly better score at 2.6 on the scale. Most
respondents (64%) do believe that the current government's
activities in the fight against corruption are effective,
with 12% neutral on the topic and 25% classifying efforts as
ineffective.

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ACC VICTORIES
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3. On June 9, the former Ombudsman of Sierra Leone was
convicted by the High Court of Freetown of 164 counts of
misappropriation of public funds. Francis A. Gabbidon was
sentenced to 5 years imprisonment or a fee of 49,200,000
Leones (USD 15,462). Further, he is to pay 68,893,000 Leones
($21,664) to the Anti-Corruption Commission (ACC) as
restitution within two weeks. In passing her judgment, High
Court Judge Mary Sey pointed out that the entire account
given by the accused was untrue. Gabbidon, on various dates
between 2001 and 2007, had misappropriated public funds
entrusted to him through "ghost employees." Though the
sentence does not appear overly severe, it should be noted
that Gabbidon is a very public figure who enjoyed tremendous
popularity in the late 80s and early 90s. The public
generally welcomed his appointment as Ombudsman during the
Kabbah years, but were quick to turn on him when his corrupt
deeds became apparent. Despite his notoriety as a lawyer,
radio talk show host, and former Member of Parliament, his
lack of real political influence contributed to his downfall.

4. On June 8, the ACC arraigned Osman Thamu Bangura, Store
Keeper in the Minister of Education, and Joe Lappia, former
Deputy Director in the Ministry of Education, Bo, Southern
Region. Bangura was charged with 16 counts of
misappropriation of public property amounting to
approximately 310,000,000 Leones ($100,000). Lappia was
charged with 9 counts of misappropriation of public property
amounting to approximately 73,000,000 Leones ($23,600). The
accused pleaded not guilty to Justice Mary Sey and were
released on conditional bail. The cases were adjourned to the
June 25 and July 2, respectively. Given that the Ministry of
Education is considered one of the most corrupt ministries in
the country, even those relatively low-level cases show
commitment to addressing the problem. Focus on locations
outside Freetown also demonstrates that the ACC is
effectively broadening its reach since the opening of
regional offices earlier in the year.
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FREETOWN 00000249 002 OF 002


SOME BACKLASH, DESPITE SUCCESS
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5. Some backlash has resulted from the ACC's pursuit of
corrupt officials within the judicial system, including
magistrates and judges. The Sierra Leone Bar Association
(SLBA) held an emergency General Meeting on June 12 in which
the body formulated a press release condemning the ACC for
arresting and taking into custody Justice A.B. Holloway in
his chambers on June 8. Holloway was arrested on suspicion of
fraud. The SLBA characterizes the arrest as "outrageous" and
maintains that the ACC should have invited Holloway to their
office rather than create a "public scene" which has the
"tendency to undermine the integrity and dignity of the
entire judicial system and the confidence of the public in
the same." The accusations of the SLBA are baseless, as
Section 66 of the Anti-Corruption Act amendment grants the
ACC the power to arrest, without warrant, a suspect upon
reasonable suspicion of his having committed or being about
to commit an offense under the Act. One local media outlet
published an article on June 19 stating that the SLBA's
position is not supportable and will alienate the
organization from all those who hope to eradicate judicial
corruption (Note: It is interesting that this particular
newspaper, Standard Times, spoke out in support of the ACC.
The paper's owner and operator is Gabbidon's niece, and thus
expected to be an ACC opponent. End Note).

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USG INTEREST
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6. On June 12, CDA, Poloff, LEGATT and PolAsst met with ACC
Commissioner Abdul Tejan-Cole and Deputy Commissioner Morlai
Buya Kamara in the ACC offices. The discussion focused
primarily on strategies for moving forward with mutual legal
assistance and information sharing. LEGATT stated that he
will work with DOJ colleagues to explore possibilities for
collaboration with the ACC on shared policy goals, including
possible extradition of corrupt Sierra Leonean officials
living in the U.S. He also expressed his office's desire to
work with the ACC to design and provide useful legal
training, beginning with August 2009 classes in Basic
Investigation and Interviewing Techniques. Tejan-Cole
expressed strong interest in working with the USG to tailor
future courses to Sierra Leonean needs, and has been grateful
for the USG training provided thus far through the ILEA.

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COMMENT
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7. Post continues to be impressed by the ACC's work, noting
that its momentum is due at least in part to having its own
cadre of dedicated prosecutors and justices: in other parts
of the legal system, cases can languish for months or years
due to full dockets and limited numbers of public prosecutors
available. Tejan-Cole seems to be pushing hard to work on
significant cases, with even current and former Cabinet
Ministers questioned regarding their conduct. Gabbidon's
conviction and Holloway's arrest signify that there is
political will to take on popular or influential people,
though much work remains to address corruption at all levels.
It must be noted that the ACC receives significant funding
from the UK's Justice Sector Development Program, which pays
for at least some of the critical personnel including the
prosecutors. The USG should consider, besides assisting with
training and exploring mutual legal assistance opportunities,
providing sustained funding to prevent inertia and further
support the ACC's efforts. The ACC appears to be one of the
only government agencies in which donor funds are used
effectively and accountably. End Comment.
FEDZER