Monrovia – State lawyers, who about a month ago indicted Grand Cape-Mount Senator Varney Sherman alongside House Speaker Alex Tyler over a Global Witness report, have filed a motion before Judge Emery Paye of Criminal Court “C” for the esteemed lawyer to reveal information on his accounts at several local banks in the country.
“When we filed for a writ of duces tecum at the Criminal Court “A” for the bank statements for investigation, the defense claimed that there was no indictment before the court now indictment has been drawn and we want those instruments for prosecution”- Cllr. Theophilus Gould, State Prosecutor
This is the second time the prosecution is asking the court for Senator Sherman to surrender his accounts at local banks since he was indicted on May 25, 2016 on charges of bribery, economic sabotage, criminal conspiracy, facilitation and solicitation.
The first time state lawyers made the request was before Criminal Court “A” Judge, Boima Kontoe, when a writ of subpoena duces tecum was filed for the banks in question to surrender Sherman’s accounts.
The writ of duces tecum is a request made by a lawyer to a court for an individual or entity to bring to court document in their possession to be used as evidence.
The banks named are: Eco-bank, Global, International Bank, Guaranty Trust, United Bank of Africa (UBA), Liberia Bank for Development and Investment (LBDI) among others.
Defense lawyers, Cllrs. Gloria Musa Scott, Frank Musa Dean in a counter argument to the writ asked the court to quash out the writ arguing that the writ of decus tecum is only applied during trial but at that time there was no indictment and defendant on trial.
“The defense begs your honour to quash this writ of duces tecum because this writ is issued only when the defendant is indicted and on trial,” argued Cllrs. Dean and Scott.
But state lawyers, Cllr. Daku Mulbah and Theophilus Gould told the court not to do same as the state does not have to wait for trial to issue such writ especially when the case at bar has the propensity to disrupt the peace and security of the country.
Following the hearing presiding, Judge Boima Kontoe ruled and denied the counter argument of the defense and accepted the prosecution’s request for the writ of decus tecum but defense lawyers excepted to the ruling and announced an appeal to the Supreme Court sitting in its October Term which the court also endorsed.
In the wake of the defense’s appeal to the Supreme Court, the state early this week filed another motion to Criminal Court “C”, praying the court to issue a writ duces tecum on the mentioned banks to surrender Sherman’s accounts and bank statements.
The state says the request by the defense to quash the state’s request regarding the obtaining of other essential instruments to prosecute the case is a clear attempt to circumvent the law.
“When we filed for a writ of duces tecum at the Criminal Court “A” for the bank statements for investigation, the defense claimed that there was no indictment before the court now indictment has been drawn and we want those instruments for prosecution,” said Cllr. Theophilus Gould.
Defense lawyers, Cllrs. Musa Dean and Cyril Jones in counter arguments asked the court not to honor the prosecution’s request because the case is before Criminal Court “A” and the same case cannot be heard in Criminal Court “C”.
“Your honour the law forbids a court interfering with the judgment of another court with similar jurisdiction. This case is with the criminal Court “A” let it remain at the area it is now,” said Cllr. Dean who asked the court to quash the prosecution request.
Judge Emery Paye said he plans to rule on the matter by next week. A ruling will determine whether Sherman’s account at the local banks will be surrendered or not.
Grand Cape Mount County Senator Sherman was accused in a Global Witness 2016 report on Liberia for allegedly being the mastermind who allegedly bribed lawmakers and other government officials to change portion of the Public Procurement and Concession law to grant a British Company, Sable Mining, concession rights to mine the Wologisi Mountain in Lofa County.
Kennedy L. Yangian kennedylyangian @frontpageafricaonline.com