Monrovia – The Criminal Court “A” at the Temple of Justice Monday, January 21, cleared Liberian businessman James Cooper of two count charges of menacing and criminal malevolent.
Report by Kennedy L. Yangian, [email protected]
Defendant Cooper was sued in 2018 by Bomi County Senator Sando Johnson after accusing Cooper of issuing
Senator Johnson had also accused Cooper of allegedly securing a loan from a bank but was not using the loan for its intended purpose.
The accusation, according to the court record, was made against businessman Cooper when Senator Johnson had appeared on the popular Costa Talk Show while serving in his capacity as the Senate Chairman on Investment and Concession.
However, in reaction to the claim made by Senator Johnson, Defendant Cooper told the court that the Senator had decided to make the claim against him because he refused to give him an amount of US$1.4 million out of the US$7.2 Million loan he was seeking to secure from the bank.
He denied ever threatening the life of Senator Johnson and family.
Cooper was previously tried at the Monrovia City Court in 2018 where he was adjudged guilty and sentenced to one year in prison by Magistrate Kennedy Peabody.
He rejected the ruling on ground that it was erroneous and filed a 17 count bill of exception in his appeal to the Criminal Court “A” also at the Temple of Justice
Judge Roosevelt Willie following the appeal hearing told the court in his ruling that Defendant Cooper was not guilty of the crimes as state lawyers led by City Solicitor David Wilson failed to prove the charges of menacing and criminal malevolent against the Defendant.
“Accordingly, the intent of the law of menacing as stipulated herein was not violated by the Defendant and hence, he cannot be guilty thereto,” said Judge Willie.
The Judge continued that as per the crimes of criminal malevolent and menacing, it was important to note when the magistrate courts jurisdiction was extended in 2014 all third degree felony dropped to first degree misdemeanor with a maximum prison term of one year while all first degree misdemeanor became second degree with a maximum sentence of four months and all second degree misdemeanor with a maximum prison term of 30 days.
According to Judge Willie, assuming without admitting that the Defendant was guilty of the crimes charged,which is now second degree misdemeanor the maximum prison term would have four months instead of one year as pronounced by Magistrate Peabody.
Prosecution lawyer Cllr. Mark Marvey took exception to the ruling of Judge Willie and announced an appeal to the Supreme Court but the exception was objected by Cllr. Arthur Johnson on ground that state lawyers don’t take appeal in criminal cases following a two minutes argument Judge Willie denied Cllr. Marvey’s exception and set the Defendant free of the charges.
Cooper in an interview with this paper said, “ I thanked God for this miracle but it is disheartening to see a Senator to go against someone who is trying to bring job opportunities to his people but I am not discourage to bring investment to the people of Bomi County despite the odds,” he said.
Meanwhile, Senator Johnson told reporters that the Judge’s ruling was politically motivated in favor of the businessman but felt short to state who was behind the political motivation.