On Monday, August 19, 2024, twenty-one-year-old Sahr Moiwa testified before Magistrate Santigie Bangura at Pademba Road Court No. 2 in Freetown. Moiwa’s testimony was against Sheku Kabba, Tamba Lebbie, and Jehad Basma, a British national, who are accused of embezzling a diamond weighing over 200 carats that belonged to the complainant, Benjamin Merer.

The accused were four in number but the third accused Sahr Lebbbie since the inception of the matter was absent in court and so the court sought an adjournment for accused Lebbbie to be in court before the charges will be put to him accused.

When the matter was mentioned State Counsel Yusuf Isaac Sesay made an application for an amendment on the indictment.

He submitted that the third accused Sahr Lebbbie name should be deleted from the information but it should remain on the file, adding that accused Lebbbie is on the run and they want to proceed with the matter. He invokes section 105 of the Criminal Procedure Act of 1916 in altering the information.

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State Counsel Sesay said the continuous absent of the third accused will cause delay, adding that even though the accused are on bail which was given by the court but the third accused Sahr Lebbbie is absent He said justice delay is justice dented, adding that whenever they get the accused he will appear in court.

Defense Counsel Jessie Jengo did not object to the application saying it is a welcoming application.

The three accused were arrainged before the court on three count charges ranging from Conspiracy contrary to law, Embezzlement contrary to section 17 (1) (b) of the Larceny Act 1916 and Receiving stolen goods contrary to section 33 (1) (a) of the Larceny Act 1916.

Police alledged that the accused on a date unknown between the 20th to 26th May 2024 in Moryonfeh village, kono district, with intent to defraud conspired with other persons unknown to commit a crime to wit Embezzlement.

Police further alledged on count two that accused Sheku, Tamba and Sahr on the above date and place Fraudulently embezzled one piece of Diamond weighed two hundred and sixty four carats of an estimated value of Forty-two million, two hundred and forty thousand united states dollars equivalent to one billion, three million and two hundred thousand Leones (1,003,200,000) property of Benjamin Merer.

It was also alledged in count three that accused Bassma did receive one piece of Diamond weighed two hundred and sixty four carats of an estimated valued at the above price knowing to have been stolen.

Accused Bassma pleaded not guilty to the offense of receiving stolen goods.

Led in evidence by State Counsel Yusuf Isaac Sesay, the witness Sahr Moiwa said he lives at Kono district, adding that he is a Diamond miner. He added that whiles doing his diamond work, he uploaded gravels, washed them and during the process they will be able to see diamond during the washing.

Witness Moiwa further that he is working on a site own by his boss, adding that he knew the complainant Benjamin Merer as he own the site where the accused were working.

He recognized the first accused Chernor as manager of the site owned by the complainant.

He further recognized the second accused Tamba Lebbbie, adding that they live at the same town in Kono District.

He also recognized the third accused Bassma, adding that he buy diamond and he also has a diamond office at Kono.

Testifying before witness Moiwa said he has engaged in diamond business for long time.

He recalled between April and May 2024, adding that between those days, he was going to his site where he usually work and whiles passing by the second accused Tamba Lebbbie asked him to join them on their site to help them work which he agreed.

He further that they started working as he was given shovel to remove the gravel and he went down the pit to work.

The witness further that whiles working water took over the pit and hey left that area and went to another site.

He said after the water had dry up, he went to the pit again to continue his work and when he enter the pit, he saw a diamond on the floor.

He further that he took the diamond and watches it, adding that it was clean and white and has eight corners which resembles like lime.

He continue that he took it with his feet and hold it with his hand, adding that he felt happy and show it to third accused Sahr Lebbbie who also gave it to the second accused Tamba Yamba as he his brother.

He continue that the accused then applaud him and told him to wait upon the arrival of the first accused Sheku Kabba who was the manager of the site.

He further that upon arrival of the first accused Kabba; accused Lebbbie handed over him and the accused congratulated him.

He further that the first accused then told him that his boss Benjamin Merer will compensate him because the diamond was found on his site.

He added that Benjamin in the afternoon went to the site but was unable to talk to him because at that point he was feeling dizzy, adding that later the first accused told him to go home that they will compensate him later and he went home.

He said the next day, he was unable to go to the site as he was unwell but the following day he went there to work but the accused did not talk to him and he also did not asked them about the diamond.

Witness Moiwa further that later asking the accused about the diamond, Sarh Lebbbie slap him and argument ensue among them.

He said the wife of the Chief Tutu Makumba heard about the argument and she went to them asking what the matter was and he explained to her what transpires between them.

He further that after three days the first accused told him that they have gone with the diamond at the lab, adding that it weight 75 carats which he denied to as he knew what pick on the ground.

He said during that process accused Kabba told him to patient that he will buy him bike and will gave him the sum of one million old Leones which he denied his offer.

The witness further that the following day, himself, one of his family members boarded a bike to see Benjamin and on their way they had an accident and so they returned home again.

He further that the following day they went to the Chief and his wife explained to the Chief who instructed them to make a report at the office of the Ministry of Mines.

He said whiles at the mines office, one of the Mines officers later went to the site at Pema and they made an enquiry about the diamond and second accused Tamba Lebbbie told the Mines officers that he gave them 27 Carats Diamond.

He added that he was taken to the house of the Chief together with the mines officers, the first accused Kabba and later Benjamin also join them.

He further that he then met Benjamin and explain to him which he confirmed, adding that he wanted to see him but was unable.

The witness continues that they were all taken to Motenma police station and the police decided to lock them all.

He said at the cell the first accused Kabba said they have the diamond but it is in the hands of the third accused Jihad Bassma, adding that they have not yet sold it.

He said the accused then told the police station when they weigh it the diamond is 264 carats.

He further that he was later called to make statement at Tankoro police station.

He said they were later transfer to Freetown at the CID Headquarters for continue of investigation.

During cross examination by defense Counsel Jessie Jengo, the witness said he is 21 year of age.

He furthered that he cannot tell the agreement between the Lebbbie family and Benjamin over the said site.

He continues that he did not know whether the accused has given 37 piece of diamonds to complainant Benjamin Merer.

He further that he is also not aware that the accused has given 39 million Leones by third accused Bassma for the said diamond.

Lawyer Jengo pleaded with the Magistrate to review the bail condition of the accused which was denied by the Magistrate.

They were taken to the correctional center and the matter was adjourned to the 27th August, 2024 for continuation.