Monrovia – A second batch of indictment of individuals mentioned the Global Witness 2015 report, revealing an alleged bribery scandal in Liberia is expected to be released soon by the Grand Jury of Montserrado County.
Report by Lennart Dodoo – [email protected]
Those expected to be indicted include Morris Saytumah, Dr. Eugene Shannon, Prof. Willie Belleh and Sumo Kupee.
FrontPageAfrica has gathered that the prosecution is still grappling with preparing an indictment for Fomba Sirleaf – son of President Ellen Johnson Sirleaf and Director of the National Security and Agency (NSA) and former Grand Kru Senator and Pro Tempore of the Senate, Cletus Wortorson.
While it is not clear why the pair would likely not be indicted, FrontPageAfrica gathered from sources at the Judiciary that prosecution has not been able to gather sufficient evidence to directly link the both of them to the crime.
“As you know our laws provide that the burden of proof lies upon the accuser; the LACC [Liberia Anti-Corruption Commission] could not gather the needed evidence to link him [Fomba] to the crime.
We are convinced that he took money from Sable Mining and made trips on their expense but we need to be able to prove that in court. We can’t just say we are convinced, we need to prove that he was indeed involved. The evidence we have now cannot be relied on – the court will ask for more,” a judicial source told FrontPage Africa.
Meanwhile, the case of the first batch of indictees which include Cllr. Varney Sherman who represents Grand Cape Mount County at the Liberian Senate and former Speaker of House of Representatives, J. Alex Tyler is expected to commence Wednesday, January 4, 2017.
The prosecution last week presented a 517-page evidence to the court.
Upon submitting the evidence, the prosecutors stated that they believe they can prove beyond reasonable doubt that most of the allegations in the Global Witness report are true.
In an effort to prove their case, the prosecution has placed the evidence through a three-part test: eye witness testimony; email trail confirming discussions of the eye witness’ accounts; and business records from Sherman & Sherman and Sable Mining; and subsidiaries showing that payments were made to those named in the report.
The case emanates from a Report entitled “The Deceivers” published by Global Witness on May 11, 2016. Global Witness is an International NGO established in 1993 with offices in London and Washington.
The Report covers several countries in Africa including Liberia. As it relates to Liberia, the report alleged that Sable Mining Africa, Ltd. acquired stake in Delta Mining, which was operating in Liberia, and devised a scheme and system to bribe officials of the Government of Liberia to change the procurement laws in order for Sable Mining to obtain prized mineral concessions below market prices, principal of which is the Wologhzi mountain range in Lofa, County, Liberia.
Through its lawyer in Liberia, Cllr. Varney Sherman, Sable was allegedly able to pay bribes and other questionable payments to key officials of the Liberian government. Sable Mining officials themselves allegedly also made some of these payments directly.
The total amount of ‘bribes’ and questionable payments from all sources was US$950,000.
Sable Mining Africa, Ltd is a company registered in the British Virgin Island with corporate headquarters in London, UK. The company was started by Phil Edmonds, a former British cricketer and controversial corporate executive.
The company was listed on the Alternative Investment Market, a secondary market of the London Stock Exchange which attracts smaller companies and riskier investments because of less stringent rules.
According to its 2009/2010 Annual Report, it acquired Delta Mining Company and inherited significant iron ore assets in West Africa including Liberia. Sable Mining Africa was delisted in 2016.
The issue of bribery payments in Liberia first came to light during an audit conducted by the company’s auditors, Baker & Tilly International.
At that point a report contained in a spreadsheet of alleged payments made to Liberian government officials were questioned by the auditors. While the company has acknowledged receiving the spreadsheet from Cllr. Varney Sherman, it denied that the Board of Directors authorized or had any knowledge of the payments.
According to the company’s lawyers, the Liberian operations was handled solely by its country manager, Mr. Hiene Van Nierkerk and any monies sent to Cllr. Sherman was directed by Mr. Van Niekerk at his sole discretion. Sable Mining claimed that as a result of the audit, it had made changes to its financial controls.
The Global Witness’ Report also alleged that these bribe and questionable payments were made based on the advice of Cllr. Sherman in an effort to secure mining assets in Liberia.
The report alleged further that the total amount of over US $950,000.00 was paid to several serving and former government officials of Liberia, who were at the time in different positions of trust and relevance. Suspicious payments were also allegedly made to unidentified people referred to as “Big boy 01” and “Big boy 02” in the tone of US$ 250, 000.00 each totaling US$500,000.00. “Big Boy 1 & 2” have been identified as former Lands & Mines Minister Eugene Shannon and his deputy for operation, E.C.B. Jones.
The intentions of these payments, according to the report, were to change the procurement laws of Liberia, specifically Article 75 which speaks to “Non Bidding Area”, in favor of Sable Mining Company and then get hold of mining concession for one of Liberia’s prized assets, the Wologizi Mountain located in Lofa County, Northern Liberia.
According to the Report, those who allegedly received bribe and or questionable payments are detailed as follow:
Big Boy 1 and Big Boy; Dr. Richard Tolbert (former chairman of the National Investment Commission); Cllr. Morris Saytumah (former Minister of State for Political Legal & Economic Affairs); Dr. Eugene Shannon (former Minister of Lands & Mines); Sen. Cletus Wotorson (former President Pro Tempore of the Liberian Senate, Sr. Senator from Grand Kru County, Liberia); Sen. Sumo Kupee (former Senator from Lofa County, currently Managing Director of the Liberian Petroleum Refinery Company); Prof. Willie Belleh (current Chairman of the Public Procurement & Concessions Commission); Mr. E.C.B. Jones (former Deputy Minister of Lands Mines & Energy); Hon. J. Alex Tyler (former Speaker of the House of Representatives, representative from district Bomi County).
The Report claimed that as consulting fees, US$75,000.00 was paid to Alex Tyler (the then Speaker of the House of Representatives); US$50,000.00 was paid to Richard Tolbert (the then Chairman of the National Investment Commission); US$50,000.00 was paid to Morris Saytumah (the then Minister of State for Finance, Economic and Legal Affairs); and US$10,000.00 to Willie Belleh (Chairman of the Public Procurement and Concessions Commission).