All three accused persons were present before Hon. Justice Ebrima Jaiteh, represented by Counsel S.M. Tambadou. Counsel S.L. Jobarteh appeared for the State.
During examination-in-chief, Mr. Fraser was questioned about payments made by the first accused during a property transaction. In a previous testimony, he had stated that the accused paid in cash, but in his testimony on Thursday, he clarified that the payments were actually made in installments.
The State counsel further pressed the witness on whether Global Properties conducted due diligence, including inquiries into the accused persons' nationality or background, during the negotiations. Mr. Fraser answered in the negative, stating that the company treats all clients equally and does not apply different standards.
When asked whether the large sums of money involved raised any suspicions, Mr. Fraser maintained that such payments were not unusual in his business, especially with clients paying from abroad.
Apparently dissatisfied with the witness's responses, State Counsel Jobarteh applied for the court to declare Mr. Fraser a hostile witness, arguing that his testimony was inconsistent and unhelpful.
Defence Counsel Tambadou strongly objected, arguing that PW7 was simply stating the truth as he knew it and that the prosecution had failed to show any legal basis for such a drastic measure.
After reviewing the testimony and the arguments, Justice Jaiteh, in his ruling, emphasised the strict legal standard required before a witness could be declared hostile. He held that a hostile-witness declaration requires evidence of deliberate withholding of truth, evasiveness, or a material contradiction showing adverse intent. He added that PW7 had answered questions directly, without signs of dishonesty or reluctance.
“The fact that a witness's testimony is unfavorable to the prosecution is not grounds for hostility. No material inconsistency had been demonstrated between PW7's testimony and his earlier statement. A witness is entitled to give evidence as they believe it to be true, and credibility is for the court to assess not a basis for hostility.”
Justice Jaiteh ultimately refused the application, ruling: "The application is accordingly refused. PW7 shall remain a witness of the Prosecution, and his evidence shall stand as given."
The matter was adjourned to 15th December 2025.
