Monrovia – The Monrovia City Court at the Temple of Justice has found guilty five lawyers representing the legal interest of the indicted Grand Cape Mount County Senator, Varney Sherman, on contempt charges.
The lawyers held in contempt are Cllr. Moses Paegar, President of the Liberia National Bar Association (LNBA), Cllr. Frank Musa Dean (Pictured), Cllr. Albert Sims, Cllr. Golda Elliot and Cllr. Cyril Jones.
As part of its Tuesday’s ruling, the magistrate court has also ordered the five guilty lawyers to pay into government revenue the amount of L$10,000 each and present laptops and computers in their possession to the court immediately or they would be detained at the Monrovia Central Prison for three days.
During the contempt hearing the Presiding Magistrate, Kennedy Peabody, told the court that on May 23, 2016, the Special Presidential Taskforce issued a writ of search and seizure warrant through the magistrate court to search the Congo Town residence of Senator Sherman and the Sherman & Sherman law firm.
Magistrate Peabody furthered that according to the returns from the sheriff, at the home of Sherman there was a large crowd of Unity Party partisans who prevented the search and seizure process.
Based on that, he said, the sheriffs proceeded to Sherman & Sherman and met the defendants, lawyers of Sherman, and they were given the search and seizure warrant.
According to Magistrate Peabody, the Sherriffs’ returns revealed that the defendants (lawyers) insisted that personnel of the Ministry of Justice and State without Portfolio should not form part of the delegation entering the premise of the law firm and that they should leave. The sheriffs agreed.
“The search was partially conducted, that is to say the sheriff searched the filing cabinets of Sherman & Sherman and did not find out what was stated in the search and seizure warrant such as the computers and laptops which was to be brought to the court as the sheriff stated that the defendants refused for those document and laptops to be brought to the court on ground that it is not pertaining to the Sable Mining Company,” said Magistrate Peabody.
In response to the allegation, the five lawyers indicated that at no time did they obstruct the search and seizure. According to them, they cooperated with the sheriff by giving him access to the filing cabinets.
Lawyers appointed by the court, Cllrs. Rosemarie James and James E. Pierre, citing rules 1 and 2 of the moral and ethical conduct of lawyers said if the claim by the sheriff is true, the defendants disrespected the court and they should be held in contempt.
Before giving his ruling, presiding Magistrate Kennedy Peabody indicated that unless the court is respected, lawyers can never be respected in the community because the responsibility of the court gives relevance to lawyers.
“This court is of the mind that the defendants herein were simply trying to protect the interest of their client but so doing, they should have known that they also hold the court greater responsibility,” said Magistrate Peabody whose ruling was accepted by Cllr. Frank Musa Dean.
Cape Mount Senator Sherman indictment has grown out of the Global Witness report that he and others allegedly received over US$900.000 bribes to change the Public Procurement and Concession Act to grant the British Company Sable Mining concession agreement to mine the Wologizi Mountain in Lofa County in northern Liberia.
Indicted Grand Cape Mount Senator, Varney Sherman, legal team continues to suffer legal blow before the court since his indictment on May 25, 2016 by the state on multiple criminal offences, bribery, economic sabotage, criminal conspiracy and solicitation.
The first legal setback was on Friday May 27, 2016 when state lawyers termed the US$1,500.000.00 criminal appearance bond as defective and insufficient, asking the court to set it aside and have them reprimanded at the Monrovia Central Prison until their bond become valid and approved by the state. Senator’s Sherman lawyers have three days to respond to the request of the prosecution.
Sherman again suffered similar blow on Monday when the Criminal Court “A” denied his lawyer’s motion to quash a writ of decus tecum filed by state lawyers to have eight banks in the country surrender the bank account of Sherman and that of the Sherman & Sherman Law Firm.
However, Sherman’s lawyers have taken exception to the ruling and announced and appeal to the Supreme Court in its 2016 sitting which is barely three months away, the request was accepted by the court as a matter of right under the law.
Kennedy L. Yangian [email protected]