Monrovia – The Sable Mining bribery case involving several former and current government officials who resumed on March 10, 2017 at the Criminal Court “C” at the Temple of Justice has taken a sudden twist with the appointment of a new Judge for the court.
Resident Judge of the Civil Law Court at the Temple of Justice, Yussif Kaba has been transferred to Criminal Court “C” at the start of the May Term of the Court, which is expected to be declared open across the country on Monday, May 8, 2017.
The transfer of Judge Kaba means that he will be serving as both the Judge of Criminal Court “C” and that of the Civil Law Court.
Judge Kaba is the second judge to be assigned to court C since the much publicized Sable Mining bribery case resumed at the court on March 10, 2017, but it still not clear whether he will preside over the case when a writ of certiorari is still pending for determination in the chamber of Associate Justice Philip Banks.
He replaces Judge Yarmie Gbeisay who has served the court in the last two terms but has been transferred to the 13th Judicial Circuit Court in Kakata Margibi County.
Judge Gbeisay who presided over the Sable Mining bribery case since its start in March, was served a writ of certiorari for the high court to review his ruling a week ago, after the prosecution lawyers in the case accused him of allegedly committing a deliberate error in the case.
The prosecution lawyers headed by Chief prosecutor Cllr. Daku Mulbah, who is also Montserrado County Attorney had told the high court in his writ of certiorari that judge Gbeisay had allegedly committed a deliberate error when he ruled to temporarily admit into evidence e-mail evidence presented by the prosecution.
According to the prosecution lawyers the e-mail evidence was cogent among its evidence against the eight former and current government officials on trial.
The e-mail evidence mentioned by the prosecution is reported to have been obtained in South Africa from an executive of Sable Mining, Hans Van Niekerk, and reported to have been exchanged between the Sable Mining executive and that co-defendant Varney Sherman.
Sable Mining is a British Company that state prosecutors have accused of allegedly offering bribes to former and current government officials in the amount of US$950,000 to change the Public Procurement and Concession Commission Act (PPCC) in favor of the company to mine the Wologisi Mountain in Lofa County.
Judge Gbeisay prior to his ruling had told the parties to the case that he has ruled to temporarily admit the e-mail into evidence until the author of the e-mail can come in open court to testify to the e-mail in question citing Article 21 (h) of the Constitution as his reliance.
However, the Supreme Court Associate Justice –In_ Chamber has asked Judge Gbeisay to place a stay order on all proceedings in the case until the Supreme Court can make a determination in the writ of certiorari.
This is the second time for the Supreme Court Associate Justice-In-Chamber to place a stay order on a high profile case based on a writ of certiorari filed by the prosecution.
The first time to place stay order on a high profile case based on a writ of certorari was in late 2016 when the Associate Justice Jamesette Wolokollie placed a stay order on the economic sabotage case involving former National Port Authority (NPA) boss Matilda Parker after Judge Blamo Dixon has ruled to dismiss three of the twelve member jury accused of tempering.
Since May of 2016, the economic sabotage case against the former NPA boss is yet to resume as the Supreme Court bench has made no determination in the case.
In the absence of the Supreme Court Associate- Justice –In- Chamber, Banks ruling on the writ of certiorari, it is not clear whether the decision by the Chief Justice Korkpor to have Judge Gbeisay transferred was based on the accusation by the prosecution of allegedly committing an advertant error in the case.
However, the a legal practitioner who begged for anonymity has told FrontPage Africa that a transfer of judges by the Chief Justice is the prerogative of the Chief Justice and is not based on any law.
“The Chief Justice has the right to transfer any judge to any court during the opening of any term of court.”
“It does not based on how many term that judge has served” said the legal practitioner.