Monrovia – Associate Justice Philip Banks has announced the holding of another argument in the Sable Mining bribery case involving key former and current government officials.
Report by Kennedy L. Yangian [email protected]
A citation issued from the Chamber of the Associate Justice Banks on May 26 has asked all parties to the case to be present at the Supreme Court Chamber on Monday, May 29, 2017 at the hour of 11 am for the argument.
The is the second argument that Associate Justice Banks will be holding in the case after he issued an order to place a stay order on all proceedings until he can hear and make a determination in the writ of certiorari filed by the prosecution against former presiding Judge Yarmie Gbeisay.
The first argument in the writ of certiorari was held In April 2017 behind closed doors where reporters covering the Judiciary were asked out of the court on ground that the hearing was in chamber only and restricted to the parties in the case.
It is not clear whether Associate Justice Banks will reconsider his recent decision and allow reporters in the court for the second hearing on Monday.
Monday’s hearing is the result of the prosecution lawyers having faulted the judge for allegedly committing an advertant error when he ruled to temporarily admit the prosecution key evidence.
The evidence in question is alleged to have been e-mail exchange between co-defendant Varney Sherman and an executive of the Sable Mining Hans Van Niekerk.
Hans Van Niekek currently resides in South Africa where the e-mail in question was reportedly obtained by the prosecution.
Amid claim by the prosecution that the Judge has committed error in the case, presiding Judge Gbeisay has in response told the court that he has committed no error when he temporarily admitted the e-mail into evidence until the actors can come to court to testify.
He has also told the court that he acted in the confines of Article 21 (h) of the Constitution which reads that in all criminal cases the accused is entitled to a lawyer to confront witnesses against him.
“The judge is said to be incompetent and to have underperformed simply because he upheld 21 (h) of the Constitution of the Republic which he is under oath to defend” , said Judge Gbeisay while reacting to the prosecution’s claim.
Associate Justice Banks will be performing the hearing with the absence of the principal defendant in the bribery case Varney Sherman.
Senator Sherman representing the people of Grand Cape-Mount County felt off recently at the rotunda of the Capital Building where 19 senators had gathered to pledge their support to the Presidential bid of Vice President Joseph Boakai.
Co-defendant Sherman, who was rushed to the JFK Hospital after he fell of, was granted medical leave by the court to seek treatment abroad.
The eight defendants, both former and current government officials involved with the Sable Mining bribery case have been accused of allegedly using their various positions while in government to change the public procurement law in favor the Sable Mining to mine the Wologisi Mountain in Lofa County, a claim they have denied.