Monrovia – The lawyer representing the indicted employee of LoneStarCell MTN Communication has asked the Criminal Court “C” at the Temple of Justice to acquit his client based on contradiction in the testimonies of the prosecution’s witnesses.
Defendant Suzette Blake, a Regional Sales Supervisor of Lonestar MTN was in September of this year arraigned before the court at the Temple of Justice after the Grand Jury of Montserrado County sitting in its February 2016 term charged her with misapplication of entrusted property.
In the indictment the grand jury alleged that Blake while serving in the capacity of Regional Sales Supervisor, the entity entrusted her with its mobile account and goods valued at LD$449, 515,000 and US$66,000.00 to sell, supply and to report the proceeds in the company’s accounts at Ecobank and other banking institutions in the country.
The grand jury indictment further alleged that the defendant received the said properties sold same, through deception and converted the proceeds into her personal use and benefit thereby depriving the owner of the use of its tangible properties.
“The total value of the properties misapplied by the defendant Suzette Blake against the will and consent of the private prosecutor is US$66,000 plus 449,515.00” said the indictment.
Defendant Blake, who sat at the far left corner of the court watching and taking notes as the prosecution witnesses testified against her, was expected to have taking the witness stand on Thursday after the prosecution lawyer Cllr. Jerry Garlawolo rested with the production of witnesses to testify on her own behalf.
But her appearance did not materialize Thursday when her lawyer Cllr. Mamee Gongbah filed a motion to the court for judgment of acquittal for his client.
Cllr. Gongbah in a three-count motion for judgment of acquittal to the court argued that there was material variance and contradiction in the testimonies of the three prosecution witnesses’ testimonies with respect to the amounts as laid in the indictment did not corroborate in order to establish a prima facie case against the defendant.
“Since there is a material variance in the testimonies of the witnesses with respect to the amounts as laid in the indictment, and the result therefrom should amount to the defendant’s acquittal as a matter of law,” Cllr. Gongbah said.
The defense counsel made specific reference to witness Morris Teah who, according to him, gave the defendant LD$ 449,515.00 on defendant’s SIM card, which was not produced during preliminary investigation by the Police.
According to the defense counsel, this very important witness was excluded thereby making prosecution not to have established prima facie case against the defendant for which defendant was entitled to judgment of acquittal as a matter of law.
Prosecution lawyer have to response to the motion of judgment of acquittal in the coming days to allow Judge Emery Paye to rule on the motion.
