Monrovia – It is now at least seven cases that courts at the Temple of Justice have dismissed on grounds that the Liberia Anti-Corruption Commission (LAC) failed to produce sufficient evidence to support the corruption charges against its indictees.
Report by Bettie K. Johnson-Mbayo/ [email protected]
On Tuesday, November 8, Criminal Court “C” dismissed the indictment against former Managing Director of Liberia Petroleum Refining Company (LPRC), T. Nelson Williams.
On March 2011, Government of Liberia and Japan executed an exchange of notes, pursuant to which the Government of Japan donated 15, 000 metric tons of petroleum products to the Government of Liberia, the products were consigned to the Ministry of Commerce and Industry.
The Ministry was charged with the responsibility to monetize the products and proceed derived would be used for economic and social development.
By a memorandum dated August 30, 2011 executed by and among the ministry of Commerce and Industry, the LPRC, and the Ministry of Foreign Affairs the LPRC was appointed implementing agents for the monetization of the donated petroleum products.
The MOU outlined specific task to be carried out by the LPRC including to ensure the sales of the products through duly authorized importers and deposit the proceeds in the special Government of Liberia account established by the Ministry of Commerce at the Central Bank, and to ensure that five Liberians importers that participated in the monetization process had the capacity to move at least 500 tons of the products at once.
The LPRC invited the three major Liberian owned importers, sellers, suppliers and distributor of petroleum product in Liberia, namely: Aminata and Sons INC, Srimex Ent, INC, and Conex Petroleum services, Inc.
These three were the only Liberian owned companies which accordingly had the capacity to move at least five metric tons of petroleum products at once.
The court’s record showed that the three companies designated Aminata and Sons Inc., to represent them in the distribution of the products, consistent with the letter and spirit of the tri-party agreement entered into on June 1, 2011 among the three companies.
On August 19, 2013, the LACC delivered a final investigative report on allegation of corruption in the Japanese oil grant 2011 between the Government of Japan and Liberia which revealed several recommendations.
Based on the said report, the former LPRC former Managing Director (defendant) and several others were charged with economic sabotage, misapplication of entrusted property, criminal conspiracy, criminal facilitation, and violation of required PPCC procedures and processes.
Mr. Williams filed a motion for severance that was granted by the court and afterward filed the instant 23 counts motion to dismiss the indictment and quash the charges against him, contending that there are defects in the institution of the prosecution or in the indictment.
In his motion, he argued that “the LACC failed to show any modified investigative report containing augmented evidence or to show that the evidence is in fact adequate and properly acquired as required by section 11.3 of the Act to established the LACC approved August 21, 2008 and that he as Managing Director of the LPRC ensured that the company performed its tasks as outlined in the MOU appointing LPRC as implementing agent without any complaint of dissatisfaction from the Ministry of Commerce, and or the Ministry of Foreign Affairs which appointed the LPRC as implementing agent,” the motion stated.
But prosecution filed a nine-count resistance to the motion. In its resistance, the state argued that the report which formed the basis for the indictment did not contain any defects or imperfection of form and did not prejudice a substantial right of the defendant.
In his ruling, Judge Emery Paye said that the court had listened to arguments’ pro and cons by both parties the court’s issue is whether or not the movant (T. Nelson Williams) had established sufficient ground for the dismissal of the indictment.
Judge Emery further stated that the court took judicial notice of the LACC Act of 2008, and the criminal procedure law, specifically section 11.2 B and 11.3 of the 2008 LACC act and Chapter 16, section 16.7 (2) of the criminal procedure law.
“A careful perusal of the case filed will conform that the LACC ignored the recommendation contained in its final investigative report date August 19, 2013 and to the contrary, elected to charge movant with the crimes of economic sabotage, misapplication of entrusted property, criminal conspiracy.”
Judge Paye said that nowhere in the final investigative report showed that Mr. Williams was found to have committed the crimes or was recommended for prosecution for the crimes.
“Moreover the court’s takes judicial notice of the failure of the LACC to show any modified investigative report containing, augmented evidence when the Ministry of Justice refused to prosecute.
“During arguments before this court, counsel for prosecution or respondent admitted that there is only one report which formed the basis for the indictment and there is no augmented evidence and or modified investigative report in the case failed,” Judge Paye said.
He added that it was clearly seen that the prosecution failed to exercise due care in the conduct of the investigation, preparation and handling of the reports.
Judge Paye said that Mr. Williams gave the court sufficient ground to dismiss the indictment against him.
He added that it would constitute a great injustice to subject Williams to the heavy burden of a trial with evidence flaws.
Judge Paye: “Wherefore and in view of the foregoing, it is the ruling of this honorable court that movant/defendant (T. Nelson Williams) motion to dismiss the indictment and quash charges, seen being supported by law, is hereby granted and the prosecution or the LACC resistance to movant/defendant’s motion to dismiss the indictment and quash charges is hereby denied.
Having granted the defendant’s motion, the indictment with which the defendant is charged is hereby dismissed and charges quash. Having dismissed the indictment with which defendant is charged and quashed charges, the movant T. Nelson Williams II, Former Managing Director LPRC is hereby ordered to go without molestation or harassment from any quarters in connection with this specific matter except for other valid matters not in connection with or consideration or this identical case and it is hereby so ordered.”
Speaking to FPA on Tuesday, Mr. Williams said, “I said from the start that the LACC has no case against me, and now the court has proven it, as the court has dismissed the indictment and charges I am ready to serve my country like I did first.”
The LACC lead lawyer Othello S. Payman said it was disappointing for the court to continuously dismiss corruption cases.
He added that the LACC was doing all it could to prosecute alleged corrupt culprits, but was frustrated on the court’s action.
“It’s disappointing that the judge will dismiss our cases, but we are taking all legal steps and remedies but this is unfair to the LACC,” he said.