MONROVIA – Criminal Court ‘C’ Judge Yamie Gbeisay has convicted former Defense Minister Brownie Samukai, Joseph Johnson, Deputy Minister for Administration and J. Nyumah Dorkor Controller General of the Ministry of National Defense.
Report by Massa Kanneh, Contributor
On Thursday Judge Gbeisay sentenced the former minister and his principal deputy to two years imprisonment but with a condition to restitute US$1.3 million over a one-year period.
The former comptroller was also sentenced to six months imprisonment due to his health condition but will also have to form part of the restitution.
The Judge urged the three to pay US$687,656.35 to the Armed Forces of Liberia’s (AFL) retirement Funds and US$460,000.00 to the Government of Liberia’s Account.
In his ruling handed down on Thursday, Judge Gbeisay cited Chapter 50.5 and Chapter 15, Section 15.4 of the Penal Law of Liberia, that misuse of public money is a felony of the first degree with a maximum prison term of 10 years, while theft of property in which the value of the property exceeds $50,000.00 is a second degree felony maximum prison term of five years.
The Judge told the Court that since the minimum prison term is not stated in the law, it is presumably left within the “sound mind” of the trial court, giving due consideration to the facts and circumstances of the commission of the crimes and the defendants previous records.
“The Co-Defendant J. Brownie Samukai and Joseph P. Johnson are hereby sentenced to common prison for a period of two years each, and that the said two years sentence is hereby suspended provided they elect to restitute the whole or substantial amount of the judgement sum within Six(6) Months and the Balance stipulated within 12 months, as of this ruling; failure of which they shall serve the full two years sentence,” Judge Gbeisay ruled.
“That through Co-Defendant James Nyumah Dorkor elected to reserve the right to privacy of his health status, this Court considering his physical condition and his minor role in the commission of the crime, is hereby sentenced to six months imprisonment; which six months sentence is also hereby suspended, provided he restitute his share of the judgement sum in whole or in substantial part in six months and file a stipulation to pay the balance in Twelve(12) Months; failure of which he shall serve the full six months in common prison and make restitution,” added.
However, in an interview with one of the counselors representing Samukai and others, Wilkins Wright rejected the ruling and said he believes his clients should not have been convicted. According to him, the prosecution could not support their case with substantial evidence.
“As lawyers for the defense, we have excepted to the judgement of the Court and announced an appeal to the Supreme Court.
“The Co-Defendant J. Brownie Samukai and Joseph P. Johnson are hereby sentenced to common prison for a period of two years each, and that the said two years sentence is hereby suspended provided they elect to restitute the whole or substantial amount of the judgement sum within Six(6) Months and the Balance stipulated within 12 months, as of this ruling; Failure of which they shall serve the full two years sentence.”
– Judge Yamie Gbeisay
The imposition of sentence is a matter purely in the discretion of the Judge, it can range from imposing no sentence, or one week, two weeks, one year, five years or ten years, the judge has used his discretion and sentence our clients for two years at his discretions.
“Our exception is not to the two years because it is at the discretion of the Judge.
“Our appeal is that our clients should not have been convicted because prosecution did not prove their case.”
According to him, they will inform the Supreme Court that the Judge erred by convicting their clients and will be requesting the Supreme Court to reverse the Judge’s decision.
At the same time, prosecution represented by Solicitor General Syrenius Cephus announced an appeal to the Supreme Court excepting on the account of the imprisonments.
Prosecution’s appeal was denied by the Judge on grounds they don’t have legal mandate to announce an appeal.
However, Cllr. Cephus said that at the Supreme Court, they would be pushing for 10 Years.
“I think the core basis of our prosecution skill in this matter is to send a clear message that if you steal public funds, this government will ensure restitution. This is a victory, we are going to the Supreme Court, that’s my battle ground.”
“We appeal to the period sentencing not, the Judgement. We want 10 Years with restitution, and we will argue that at the Supreme Court,” Solicitor General Cephus said.