Monrovia – Motion – Motion - Another motion. And another one is weighing out Judge Yamie Gbeisay in the Sable Mining alleged bribery case.
“In the mind of the court, these motions are filed in bad faith as pure delays intended to avoid case from being heard on its merit and the final determination, made as to the guilt or innocence of the Liberian citizens and foreigners being charged” – Judge Gbeisay
The esteemed judge said he sees the numerous filing of motions by the prosecution and defense as a ruse not to get the case to go on trial.
A motion is an occasional application to a court by the parties or their counsel, in order to obtain some rule or order, which becomes necessary either in the progress of a cause, or summarily and wholly unconnected with plenary proceedings.
Incensed by the shenanigans of both parties, the judge gave the prosecution and defense 10 days to file a pre-trial motion to start the trial, beginning February 21.
He said the sable mining case has been lingering at the court for a while due to the both parties filing unnecessary motions to purposely delay the trial.
“The matter has been assigned finally to be held, that is to say for trial. This Court observed that both the prosecution and defense counsels have engaged in filing series of motions some of which are not necessary at all.”
Judge Gbeisay continued: “In the mind of the court, these motions are filed in bad faith as pure delays intended to avoid case from being heard on its merit and the final determination, made as to the guilt or innocence of the Liberian citizens and foreigners being charged.”
Judge Gbeisay said failure on the part of any of the parties not to file the respective pre-trial motions will be accompanied by fine or imprisonment for ethical transgression based on the gravity of the act.
He added that all motion will be determined and finalized on or before the 10th day jury sitting which is March 3, 2017.
The statement by the judge was triggered when a bill of information was filed by the legal team representing Cllr. Varney Sherman and others who told the court that section 17.4 of the criminal procedure law provides that within 5 days the prosecuting attorneys shall file with the clerk a list of the witnesses he intends to have testified at the trial together with their last known addresses.
But the bill of information was reserved ruling by Judge Gbeisay on grounds that the five days had elapsed as provided for in chapter 17 section 17.4 of the criminal procedure law.
Judge Gbeisay also quashed several motions from the defense, including one from former NIC boss, Richard Tolbert, Sable Mining, and Andrew Groves who wanted their charges dropped respectively.