Margibi County – The head of the special Presidential committee that was set up by President Ellen Johnson Sirleaf to investigate the happenings between Korean nationals and the National Security Agency (NSA) has produced a copy of the report before the court.
Report by Bettie K. Johnson-Mbayo/ [email protected]
Making available the report followed a subpoena requested by the complainants.
On his appearance, Cllr. A. B. Jallah told the 13th Judicial Circuit of the Margibi County that the report was band in three volumes, thereby presenting 399 pages to the court.
He revealed that the report was given to the late Dr. Edward McClain, former Minister of State for Presidential affairs rather than the President.
The report, a copy of which is in possession of FrontPage Africa, indicated that during the investigation, it was determined that the Korean nationals wired the amount of US$250,000 from South Korean through JP Morgan and Chase Bank to International Bank Liberia Limited(IBLL) in favor of Inter Burgo Fishing Company.
“The determination was reached when the committee met with Mr. Henry Saamoi, CEO of the IBLL and conducted all necessary due diligence and ascertained that the wired transfer was free of any money laundering. “
“IBLL received the money July 2, 2014 and did not credit Inter Burgo’s account until they completed their due diligence which after they were told the funds were legally transferred,” the report states.
Inter Burgo Fishing Company is a business entity registered under the laws of Liberia and a longtime customer with good standing.
Though this was the largest transaction in the United States Dollars, Inter Burgo usually made their deposits in Liberian Dollars.
The report revealed that the bank complied with the legal steps which a financial institution is required to undertake relating to wire transfer.
The committee said that it was unable to establish that the offense of money laundering was committed by the Koreans relating to the transaction investigated.
“On July 8, 2014, at 11:00 a.m., the Koreans withdrew from the Inert Burgo fishing company’s account with the IBLL the amount of US$250,000 by way of check # 0000004, dated July 8,2014 and made payment to Mr. Jung Dal Park and encashed.
“The NSA accused the Koreans of having 49,300 counterfeits notes in US dollars in their possession at the time of the arrest and that the entire US$49,300.00 as in 100 dollars denomination,” the report noted.
The committee cited Chapter 15 sections 15.70 Sub Chapter E, forgery or counterfeiting which states: “A person has committed forgery or counterfeiting if, with the purpose of deceiving or harming the government or another person with the knowledge that he is facilitating such deception or harm by another person……”
The Jallah Committee said that the accusation made by the officers of NSA against the Koreans was not convincing.
Page 35 of the report noted that the committee wondered why the four Koreans traveled from their country to Liberia with US$49,000 to purchase gold when the price which was formally negotiated with Nasser Aly for one Kilogram of gold was US$35,500.
The committee noted that NSA officers did not violate any law in carrying out the arrest of the foreigners.
The committee, however, noted that arguing that the arrest was done in ‘hot pursuit’ cannot be justified as hot pursuit is carried out only when the alleged culprit is fleeing, which was not the case.
The committee observed that charges recommended on Osman Bangura and Nasser Aly-smuggling and tax evasion, Chae Dae Byoung, Chol Jung Woon and Aleck Gold –Forgery or Counterfeiting or Economic Sabotage and Jung Dal Park charged with Criminal Facilitation was illegal on grounds that NSA had no jurisdiction over the matter.
The report added that they were constrained to disagree with NSA that the Koreans nationals and Sierra Leoneans conspired to defraud the Government of Liberia
The statement taken from Aly by NSA, according the committee was unbelievable and intended to further indict the Korean nationals, intimidate and sway their (Korean) attention away from their money.
It was the opinion of the committee that officers of the NSA who effected the arrest of Mr. Aly, Bangura and Cassell Kuoh should be held liable for conspiracy to defraud the Korean nationals of their properties including the US$247,000.00
“The committee was unable to establish any direct link between the funds seized by the operatives of the NSA who affected the arrest and conveyed the confiscated items to the NSA office, and any of the agency other than those already mentioned in the report,” the committee states.
The report recommended that operatives Alexander Graham, Terrence Doe, Railey Farley, Derek Momo and Solomon Nelson who were directly involved with the arrest of the Korean and sierra Leonean nationals should be prosecuted.
The committee also recommended that the Government of Liberia refund to the Korean the full amount which they withdrew from IBLL because the entire episode had the propensity to infringe on the reputation and credibility of the Government relative to the conduciveness of the atmosphere to engage in business in Liberia.
Meanwhile, lawyers representing the Koreans have rested with documentary and oral evidence, now giving the chance to the prosecution team to produce their witnesses.
The case is a bench trail due to the waiver of jury trial by the state.
The Koreans were represented in court by Attys. Mark Marvey, Abraham Sillah, while the state was represented by Attys. Garto Tate and Kanio Wesso. They produced two general witnesses and three subpoena witness.