Monrovia – It seems the legal wrangle surrounding Grand Cape County Senator and Unity Party Chairman Cllr. Varney Sherman, House of Representatives Speaker Alex Tyler and others indicted on multiple offences including bribery, criminal conspiracy, economic sabotage, criminal solicitation and criminal facilitation is just beginning as FrontPageAfrica has gathered that the respective bail bonds filed by the accused have been challenged by State prosecutors.
Multiple judiciary sources have confirmed that the prosecution has filed a motion describing the bond filed by Cllr. Sherman, Speaker Tyler and others as insufficient, fatally defective, praying the court to have the accused incarcerated
Cllr. Sherman along with Speaker Tyler and two other defendants, ECB Jones and Christopher Onanuga filed insurance bail bonds and were released last week pending further court proceedings.
The accused were set free after they filed two separate bonds to the tune of US$1,500,000 and US$150,000 respectively which were posted on their behalf by two insurance companies.
Cllr. Sherman, former Deputy Minister at the Lands, Mines and Energy Ministry Jones and Onanuga filed a bond of US$1.5 million with the Omega Insurance Company as the guarantor while Speaker Tyler filed a bond valued US$150,000 with the Sky Insurance Company as guarantor.
Following their release based on the bail bonds, one of the accused Cllr. Sherman boasted that he cannot be freighted by court proceedings.
“Don’t threaten me with the court because that is where I work. That is where I was born and that is where I became successful”-Sherman told his supporters minutes after his criminal appearance bond was accepted by Criminal C at the Temple of Justice in Monrovia.
State challenges bonds
FrontPageAfrica gathered late Saturday that Chief task force Prosecutor, Cllr. Daku Mulbah has filed a motion to reject the bail bond of Sherman, Tyler and others seeking their incarceration until trial on grounds that the bail bonds are defective.
According to Temple of Justice sources, the Montserrado County Attorney argued in his motion that the bonds are defective and is calling for the accused to be placed behind bars.
In keeping with legal processes, both parties are to argue the motion filed by the State Prosecutor before further proceedings into the matter.
When the State motion against the bail bonds is granted by the Presiding Judge it will lead to the imprisonment of the accused as prosecution continues but when rejected the accused will remain free on bail.
Cllr. Sherman, Speaker Tyler and others have been indicted by the state and a writ of arrest was issued Wednesday by the Criminal Court “C” before his honour Judge Emery Paye.
Portion of the Writ of arrest stated “You are hereby commanded to arrest the living bodies of Varney Sherman, E C B Jones, Christopher Onanuga, Alex Tyler and the Sable Mining Inc by and thru its authorized representative charged with the commission of the crimes, bribery, criminal facilitation, conspiracy, solicitation and economic sabotage.”
The indictment against the four defendants’ states that between the period of 2010 and 2011, the defendants as a team through various communications and each being strategically placed in various positions with the support of the Stable Mining did criminally, wilfully requested and given more than US$900,000.00 to perform their respective positions.
Co-defendant Ernest C. B. Jones Deputy Minister of Lands, Mines and Energy at the time requested and allegedly received US$5,000.00 for providing the technical advice for the alteration of the law, while Speaker Tyler allegedly received the amount of US$75,000.00 for conducting the smooth passage of the Amended Procurement and Concession Commission Law containing the provision for the Minister of Lands, Mines and Energy to have the power to declare a concession area a non-bidding area (Article 75) of the amended PPCC Act so as to create an easy passage for the awarding of the concession agreement on the Wologisi mines.
According to the indictment, Cllr. Sherman being the mastermind of the crime of economic sabotage and with the full knowledge, was threading a dangerous path to obstruct every effort to retrieve credible records and interactions with persons who were part of the conspiracy to send and receive cash for the achievement of the objectives.
The writ concluded: “The Grand Jury for Montserrado County upon oath do hereby find more probably than not that defendants Varney Sherman, ECB Jones, Christopher Onanuga, Alex Tyler and Sable Mining Inc committed the crime of criminal solicitation; a felony of the first degree”.
State vs Bond Challenge
It can be recalled that Jude Blamo Dixon at the time presiding over Criminal Court C in the ongoing trial of former Commerce and Industry Minister Miatta Beyslow, Steve Flahn-Paye, former Managing Director of the Liberia Petroleum Refining Company, T. Nelson Williams approved a bond of US$2 million which was challenged by the State.
The State at the time excepted to the criminal appearance bond filed by the defendants describing it as fatally defective, insufficient, and not meeting the requirement and standards of law.
In a 16 count exception, the state prayed the court to set aside the bond until same is made adequately sufficient. But the defendants filed a motion to justify the surety contained in 18 counts, praying that their bond be confirmed and allowed by the court.
The defendants withdrew their motion to justify surety and filed an amended motion to justify surety and attached a certificate of the insurance company-Accident and Casualty Insurance Company Assets. After hearing a writ of subpoena was issued on the Central Bank of Liberia in order to testify to the certificate issued to the said Insurance Company by the Bank.
An authorized officer of the bank in person of Ivan Dorbor Korvah Assistant Director for Insurance, Central Bank of Liberia appeared before the court where he confirmed and affirmed the said certificate in favor of the surety for the defendants.
Judge Dixon accepted the bond following a two day argument by prosecution and defense lawyers following prosecution exception and a motion to justify surety filed by the defense in the proceeding.
Judge Dixon therefore decided “Wherefore in view of the foregoing, and the laws controlling, the court is inclined to grant defendants’ amended motion to justify surety.”
The Judge added: “The bond is hereby allowed, confirmed, affirmed and endorsed by the court. The court shall not imprison the defendants because their bond is now sufficient in law by virtue of the certificate issued in favor of the surety of the defendants”.
Judge Dixon noted that the Accident Casualty Insurance Company was recognized by the Central Bank of Liberia, the Prosecution’s exception to the defendants’ criminal appearance bond is hereby denied and dismissed.”