Monrovia – Lawyers representing indicted Grand Cape Mount Senator Varney Sherman walked out of the Criminal Court “C” at the Temple of Justice Friday highly disappointed when the court denied their client dismissal of the indictment against him in the Sable Mining case.
Report by Kennedy L. Yangian [email protected]
Also, lawyers representing Andrew Grove of the Sable Mining suffered similar disappointment when the court also denied their clients the same request.
“The court has ruled but the Judge said that he has deny our motion to dismiss and quash out charges against our client without prejudice, this means that we can seek a recourse under the law,” said Cllr. Syrenius Cephas representing the legal interest of Andrew Grove of Sable Mining.
Cllr. Moses Paegar who representing the legal interest of indicted Senator Sherman failed to comment.
The indicted Grand Cape Mount Senator Varney Sherman alongside former House Speaker Alex Tyler former Deputy Land Mines & Energy Minister ECB Jones, businessman Christopher Onanuga were all indicted by the state on May 24, 2016 of bribery, Criminal conspiracy, facilitation, solicitation and economic sabotage.
Their indictment has grown out of the Global Witness 2016 Report that accused the defendants of receiving bribes to amend the Public Procurement and Concession Commission Act (PPCC) in favor of the Sable Mining to mine the Wologisi Mine, in Lofa County.
In July 2016, the Sherman and Sherman law firm filed a motion to the Criminal Court “C” asking the court to dismiss the multiple criminal charges against the Senator, the businessman and the former Deputy Minister of Lands, Mines and Energy, citing time limitation as a cardinal legal basis.
Cllr. Paegar and other lawyers argued in the motion to dismiss the charges that the indictment alleged that the crimes for which their clients were charged were committed in 2010 and that the maximum period of time that the prosecution had to have commence an action against the defendants is five years.
The defense lawyers also argued that the time limit for the prosecution of all the crimes is September 16, 2010 the date on which the PPCC Act was published in hand bill.
“Movants say the failure of the prosecution to have instituted the action within the statutory of five years bars the institution of all of the crimes, movants therefore prays the court to dismiss the indictment and all charges levied against movants,” said Cllr. Paegar.
The prosecution, headed by Montserrado County Attorney Cllr. Daku Mulbah, told the court to dismiss the motion to quash charges, stating that the motion was premature and untenable and that the Global Witness report, which served as the basis for the indictment of the defendants, was made known in May 2016.
“Under fraud, breach of fiduciary obligation prosecutions says for an offense a material element, which is either fraud or breach of fiduciary obligation, may be commenced within two years after the discovery of the offense by the injured person or his legal representative,” Cllr. Mulbah said.
But in the court ruling Judge Emery Paye indicated that the court was in full agreement with the prosecution that after it was discovered that a crime had been committed the next step would be to establish who committed it and the manner and means the crime was committed, which could often take time for prosecution after the discovery.
“Wherefore in view of the foregoing facts and circumstances, movants motion to dismiss the indictment and quash those charges levied against movants is hereby denied and the resistance sustained,”said Judge Emery Paye.
While Cllr. Syrenius Cephas representing the legal interest of co-defendant Andrew Grove argued in the motion to dismiss the indictment indicating also that the court lacks personal and extra territorial jurisdiction over the defendant and the issuance of writ of arrest of his client was defective.
But state lawyer also called on the court to dismiss the indictment on ground that the laws of Liberia provide that an accused person in a criminal matter can only challenge the jurisdiction of the court once he or she has been duly served with the indictment and writ of arrest and brought under the jurisdiction.
But the court in its ruling stated that the co-defendants in the case are alleged to have acted in concert, so to dismiss the indictment in favor of the alleged principal source Sable Mining would amount to completely terminating the case, if not in its entirety, to certain extent.
Meanwhile, Chief Prosecutor Cllr. Mulbah has hailed the Criminal Court “C” Judge Paye for the ruling, which indicates that the ruling has paved the way for the commencement of the trial.
“We hailed this ruling and that we want to once again assure Liberians that we are on course to try this case in the most possible time” said the Chief Prosecutor Cllr. Mulbah.