Profile: Anti-corruption prosecutor cracks down on fraudsters

For three years, children attending a private school for the blind in Sierra Leone’s capital were forced on to the streets to beg for food. As well as being allowed to go hungry, their coughs, colds, cuts and bruises were also left untreated as the school funds were no longer channelled into looking after their well-being.

Instead, money from the public purse – intended to support families of children who couldn’t afford to pay the fees – was being siphoned off by the Headmaster. Teachers also became victims of this suffocating corruption when their salaries were not paid.

Eventually a complaint was made to the Anti-Corruption Commission, based in Freetown, who took on the case and successfully exposed the Head’s fraudulent practices.

One of the lawyers involved in this case was Simon Semalemba, a Ugandan prosecutor who was placed in Sierra Leone’s Anti-Corruption Commission between 2007 and 2009 to help fill a gap in expertise in fraud and corruption cases.

Engaged and deployed by Commonwealth Secretariat

This long-term assignment was organised by the Commonwealth Secretariat and financed by the Commonwealth Fund for Technical Co-operation (CFTC), a voluntary fund which acts as the principal means for providing technical assistance to member countries.

“Criminals mustn’t be allowed to get away with it,” said Mr Semalemba. “By convicting them of misappropriating public funds it sends a strong signal to other would-be offenders not to engage in such illegal practices.”

Another successful prosecution which sent such a signal was against an official in Sierra Leone’s immigration department who was bribing those who came to him requesting a passport.

This practice of soliciting money continued until he crossed a 35-year-old man attempting to arrange a passport for his niece who was planning to study in Ghana. After being told that he would have to pay an additional sum above the fixed fee, the uncle immediately approached the Commission.

Sting investigation

One of the ways the Secretariat uses the CFTC is to place experts – from environmental economists to high court judges – in developing countries to help governments enhance public services in a variety of sectors.

At any one time around 50 such professionals work in a number of technical and professional fields such as trade, public sector development and governance, economic and financial management, health and education, as well as other areas related to a country’s growth and development.

With advice from Mr Semalemba, the Commission then orchestrated an undercover operation, which involved the uncle going back to the immigration official with marked money and agreeing to pay the bribe. Meanwhile investigators were strategically placed to witness this illegal transfer of money and gain enough evidence to convict the offender.

Mr Semalemba, who is now back in Uganda stationed at the Directorate of Public Prosecutions as a State Attorney, recalls the process he and his team followed in order to achieve successful prosecutions:

“Investigators would send me information on cases they were involved with and I was responsible for looking through and advising them on avenues worth exploring.

“Whenever they had insufficient evidence I would suggest further lines of enquiry which may produce tangible evidence which could be upheld in court. Once that evidence had been gathered I would prepare indictment papers and file them for trial before a high court judge.”

In the dock

When the accused did stand trial, Mr Semalemba remarked that some would plead not guilty – including the immigration official – despite the overwhelming stack of evidence piled up against them.

Others, however, would accept their situation and plead guilty, including a school bursar who misappropriated public funds for two years before being caught. After several teachers left the school he kept their names on the payroll so he could pocket the money which the government continued to send. After forging signatures and claiming several salaries, the Headmistress of the school exposed the bursar and Mr Semalemba and his team built up the case against him.

During his stint at the Commission – which is attached to Sierra Leone’s Attorney-General’s Chamber – Mr Semalemba also consistently worked hand in hand with other prosecutors, helping them prepare court documents and indictments as well as in any other areas where they requested assistance.

At the time of his departure the Commission was recruiting more legal officers who specialise in fraud and anti-corruption cases and had, according to Mr Semalemba, “built itself up as an effective institution capable of ensuring that criminals intent on stealing public funds are found and brought to justice.”

Key Links:

• CFTC
• Rule of Law