VZCZCXRO2715
RR RUEHMA RUEHPA
DE RUEHFN #0249/01 1811743
ZNR UUUUU ZZH
R 301743Z JUN 09
FM AMEMBASSY FREETOWN
TO RUEHC/SECSTATE WASHDC 2722
INFO RUEHZK/ECOWAS COLLECTIVE

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. 
 
--------------------------------------- 
HIGHLIGHTING CORRUPTION IN SIERRA LEONE 
--------------------------------------- 
 
¶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. 
 
------------- 
ACC VICTORIES 
------------- 
 
¶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. 
------------------------------ 
 
FREETOWN 00000249  002 OF 002 
 
 
SOME BACKLASH, DESPITE SUCCESS 
------------------------------ 
 
¶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). 
 
------------ 
USG INTEREST 
------------ 
 
¶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. 
 
------- 
COMMENT 
------- 
 
¶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