Monrovia – Hearing into the prosecution’s exception to the bond filed by indicted Speaker of the House of Representatives J. Alex Tyler at Criminal Court “C” has been pushed by Judge Emery Paye to Friday June 10.
The court had initially set Wednesday for the hearing of the motion of exception but was interfered by a submission made by the prosecution over the absence of Speaker Tyler which raised a heated argument at the hearing by the state and defense counsels Wednesday.
Prosecution’s counsel, Cllr. Arthur Johnson, who made the submission shortly after representations were made by the parties in the case, told the court that the prosecution noted with keen interest the absence of Speaker Tyler at the trial.
“Prosecution observed the conspicuous absence of defendant Alex Tyler from this case specifically on the hearing of a criminal appearance bond which is very strange in our practice. This conspicuous absence of defendant Tyler, who has given justification to this bond, is an affront to the court and total disregard to this proceeding,” said Cllr. Johnson.
Cllr. Johnson frowned on the Speaker’s absence from the trial throughout the 10 minutes argument provided each party by the court and pushed on his argument that the absence of Speaker Tyler is a direct intent to evade the arrest of the court if it determines the defectiveness of his US$150,000 insurance bond filed by the Sky Insurance Company.
He continued that based on the Speaker’s absence, “which is a gross disrespect to the court,” it should set aside the bond and reprimand the Speaker until his alleged defective bond becomes valid.
But Tyler’s legal counsel, Cllr. Johnny Momo resisted the argument from the state by asking the court to dismiss the “unfounded and unmeritorious submission” made by Cllr. Johnson. Citing section 13.4 of the Criminal Procedure Law, he said a defendant’s presence is not required in a ruling of motion or application.
“This is a hearing in a motion to an exception of a bond and its justification. Therefore, defendant’s appearance is not a requirement and that Section 17.6 of the Civil Procedure Law is applicable that is in the instant case, a surety should appear and justify the bond and that the defendant’s appearance is not required,” said Cllr. Johnnny Momo
Cllr. Momo further argued that if the bond is defective, it cannot be set aside for to reprimand the defendant, rather the surety/insurance company can be held liable until the bond becomes valid.
He further argued that Speaker Tyler is head of the Legislature and the third person in command in the country, therefore the notion should not be held that he could abscond the country only on the basis of defective and insufficient bond.
Following the pros and cons of the argument, Judge Emery Paye denied the prosecution’s submission to have the Speaker arrested and reprimanded over his absence from the court on Wednesday, adding that the law requires that a defendant is not coerced to be in court for ruling of a motion or submission. He pushed the hearing to Friday at 9:00a.m.
His ruling was excepted to by the prosecution lawyer Cllr. Johnson who promised to take advantage of the law controlling an exception that was accepted by Judge Emery Paye after the hearing.
House Speaker Alex Tyler and Grand Cape Mount County Senator Varney Sherman were indicted over the Global Witness Report on Liberia which accused them and other former and present officials of receiving bribes to change the PPCC Act to grant the British Mining Company Sable Mining concession agreement to mine the Wologisi Mountain in Lofa County.
Kennedy L. Yangian [email protected]