Monrovia – Entertaining arguments pros and cons for the full disclosure of bank statements of Cllr. Varney Sherman, the Supreme Court has reserved ruling in the matter.
Report by Bettie K. Johnson-Mbayo/ [email protected]
he Supreme Court on Tuesday entertained legal arguments into an appeal filed by Cllr. Varney Sherman and the Sherman & Sherman Law Firm.
It can be recalled the Assigned Circuit Judge of Criminal Court “A”, Judge J. Boima Kontoe granted the subpoena duces tecum for commercial banks to disclose bank statements of transactions done by Cllr. Sherman, which was requested by the prosecution in the case.
Though the request by the state was resisted, the judge dismissed the resistance upon which an appeal was taken to the Supreme Court.
Pleading for the defendant, Cllrs. Moses Paegar, Musa Dean and Cyril Jones said that their contention were the way in which the writ was issued, adding that it was done in violation of the right of the law.
Cllr. Paegar argued that the account is a property right and should be protected. “It is contrary to the law, we have indicated that our problem is the long shadow, in which the state is procuring the information which is a clear violation of a citizen.”
He said it was a communication sent to the judge Boima Kontoe of Criminal Court A to order the various bank statements of Cllr. Sherman.
“May it please your honor, I present my compliments and hereby request your honor to order Access Bank to produce slips in the names of the following individual, the purpose of this request is to assist the Ministry of Justice and the LACC to complete its criminal investigation.”
He said that the court acted on the letter sent to the judge, ordering the banks to produce the statements.
When quizzed by Associate Justice Philip Banks if any of the banks challenged or interposed the action by the court’s order, Cllr. Paegar responded and said some of the banks statements were released adding that he had no knowledge if any of the banks interposed an objection.
Said Cllr. Paegar: “The bank is the custodian of the records. If I were the boss of the bank, I would not allow my bank do such, the first thing I will do is to notify my client. The bank is the nominal part at best.”
He contended that the state should have given notice to the account holder, alleging that his client was not offer due process as provided by law.
In closing Cllr. Musa Dean quoted section17.2 of Criminal Procedural law, adding that the state should have filed a motion instead of sending a letter to the judge.
He also cited section 10.1.2 of the civil procedure law, 1.7 of the criminal procedure law, 8.1 of the Civil Procedure Law, 8.1.3 of the Civil Procedure Law.
Cllr. Dean further cited article 20 of the 1986 constitution, though his client was not arrested, he averred that he was not given due process.
In counter argument, Cllr. Daku Mulbah representing the prosecution said no law provides that a 3rd party should be notified before a subpoena is issued.
“It says that the only time you should not have that document (subpoena duces tecum) is when the court of competent jurisdiction is not acting on it.”
“We are requesting the court and in affirmation to the truthfulness, we brought the notice to the judge so that the court can know that we don’t want to delve into someone’s record,” said Cllr. Mulbah.
“When you are going to search a place, you don’t give prior notice that you are searching the place, you will be putting a criminal suspect on alert.
The freedom of the law was farsighted and this is where the notice should not be entertained. Even if we have notified them, they would refuse, so the court is under obligation to keep citizens safe and the issue of privacy cannot be used.
There is an exception, which is if it is made by court order it should be implemented, and we went through the court to request the bank statement.”
The Montserrado County Attorney prayed the high court to deny the appellant’s (Sherman) appeal and rule upholding the ruling of the trial court and send a mandate ordering the judge to have the ruling enforced for the commercial banks to produce records that were subpoenaed by the state.
