Monrovia – Judge Yamie Gbeisay of Criminal Court “C” has granted the state a request to amend the two indictments against Cllr. Varney Sherman, Sherman and Sherman Inc, E.C.B. Jones, Christopher Onanuga, Alex Tyler and Sable Mining.
Report by Bettie K. Johnson Mbayo, [email protected]
The court’s action followed a filing for amended indictment. The amended indictment by the Special Presidential Task Force against the defendants accused them of allegedly receiving bribes to change the Public Procurement Concessions Commission (PPCC) Act to award concession agreements in favor of a British Company, Sable Mining, in order to mine the Wologisi Mountain in Lofa County.
The first indictment filed by the task force against the defendants, who are currently out on bail, was done in May and November of 2016 respectively.
Those named in the amended indictment are former House Speaker Alex Tyler, Grand Cape Mount County Senator Varney Sherman, former Deputy Lands Mines and Energy Minister E.C.B. Jones, and businessman, Christopher Onanuga.
Others also named are former boss of the National Investment Commission (NIC), Richard Tolbert; Andrew Groves and Klaus Piprek of Sable Mining; former Land & Mines Minister Eugene Shannon; former Minister of State Morris Saytumah, and Willie Belleh, former Chairman of the PPCC.
The Special Task Force Chief Prosecutor, Cllr. Daku Mulbah, in his motion filed to the court prayed the judge for counts 1, 2, 3, 4, & 5 of the May 24, 2016 indictment against the defendants to be amended.
“The criminal statute provides that the court shall permit an indictment or complaint to be amended at any stage of the proceeding to correct a formal defect,” said Cllr Mulbah.
Cllr. Mulbah stated that Sherman encouraged and influenced Sable Mining to pay out money to public officials in the amount of US$600,000 into accounts at the First International Bank, while during the period of 2010-2011, Sable Mining transferred to Sherman thru the Sherman & Sherman Law Firm the amount of US$440,000.00 as bribe to influence officials to change the PPCC Law of 2005.
Also in April 2010, US$200,000 was allegedly paid by Sable Mining to Sherman for the convention of the ruling Unity Party (UP) while US$50,000 was paid to Richard Tolbert former Chairman of NIC, US $50,000.00 paid to Morris Saytumah and US$50,000 paid to Klaus Pripek.
According to Mulbah, on June 6, 2010, a payment of US$10,000 was paid to Willie Belleh, E.C.B. Jones got US$250, 00, former Speaker Tyler demanded US$250,000 but was paid US$75,000.00 for the smooth passage of the PPCC Act.
Cllr. Mulbah continued that Andrew Groves was one of the principal masterminds of the entire scheme and businessman Christopher Onanuga consulted, advised and conspired with Sherman to induce government officials.
But in response, the defense objected to the amendments on grounds that the state addressed substantive defects and not formal defect.
In his ruling, Judge Yamie Gbeisay said it is the state that charged the defendants with the multiple crimes and as such, the onus too, falls on the defense to establish doubts.
“It is the state that has the burden to prove its case beyond reasonable doubt.
In this jurisdiction, the sole duty of the defense is to identify doubts in the prosecution’s evidence against the defendants.
“Additionally, the state is not permitted in this jurisdiction, to appeal a regular final judgment of this court.
The court believes it is in the consideration of these burdensome obligations that the author of the criminal statute provides adequate opportunity to the state to amend its indictment or complaint,” Judge Gbeisay highlighted.
He added that the amended indictment is geared towards rearranging the contents of the indictment.
He said the state reduced the amount stated, changed some of the terminologies and add phrasings of the indictment.
“Wherefore in view of the facts and circumstances, the prosecution’s motion to jointly amend the indictments and it is hereby granted and all resistances are hereby denied and dismissed.”
On Andrew Groves and Sable Mining Africa, the judge granted a separate trial since they aren’t presently under the jurisdiction of the court.