Monrovia – Criminal Court ‘C’ at the Temple of Justice has dropped all charges against the former Managing Director of the Liberia Airport Authority (LAA), Ms. Ellen Cockrum.
The request to the court had come from state lawyers.
Ms. Corkrum was indicted by the Grand Jury of Montserrado County in 2013 for Economic Sabotage, Theft of Property, Criminal Conspiracy and Misapplication of Entrusted of Property.
The charges were dropped against her on Monday, December 9, by Judge Nancy F. Sammy of Criminal Court ‘C’ based on prosecution’s request through a motion to Nolle Prosequoi the case.
The motion to Nolle Prosequoi the case was filed by the prosecution on December 3, 2019.
In the motion, the Assistant Minister for Litigation at the Ministry of Justice, Cllr. Wesseh A. Wesseh argued that the case has been pending before the court since 2013 without having the opportunity to serve defendant Corkrum with the Indictment or the Writ of Arrest to bring her under the jurisdiction of the court.
“Counsel submits that the defendant along with other defendants in these proceedings, was indicted in 2013 during the November A.D 2013 Term of Court for the crimes of Economic Sabotage, Criminal Conspiracy, Theft of Property and Misapplication of Entrusted property.”
“This Court says that the Republic of Liberia has the responsibility and obligation to institute all criminal charges against an accused person. In keeping with this responsibility, they also have the responsibility to prosecute all crimes in this country. Since it is the Republic of Liberia that indicted the movant and it is the same Republic of Liberia that has come and entered or requested the court to Nolle Prosequoi this case, this court hereby grants the said motion in keeping with Section 18.1 of the criminal Procedure Law.”
– Nancy F. Sammy, Criminal Court ‘C’, Temple of Justice
Cllr. Wesseh continues: “Movant further says that after the indictment was obtained against the defendants, it has become very impossible to have the defendant (Corkrum) served with the indictment, and that as a matter of law, the said proceedings have been on the docket of this court almost five years, thereby making it impossible to have the case assigned or trial.”
Cllr. Wesseh also stated in the motion that the decision to enter a Nolle Prosequoi was based on a reservation to have the matter dismissed in keeping with Chapter 18, Section 18.1 of the Criminal Procedure Law.
Chapter 18, Section 18.1 of the Criminal Procedure Law states: “The prosecuting attorney may by leave of court file a dismissal of an indictment or complaint or of a count contained therein as to either all or some of the defendants. The prosecution shall thereupon terminate to the extent indicated in the dismissal.”
In her ruling, Judge Sammy granted the prosecution’s request to Nolle Prosequoi the case, stating that it is the State that has the responsibility and obligation to prosecute all crimes.
“This Court says that the Republic of Liberia has the responsibility and obligation to institute all criminal charges against an accused person. In keeping with this responsibility, they also have the responsibility to prosecute all crimes in this country. Since it is the Republic of Liberia that indicted the movant and it is the same Republic of Liberia that has come and entered or requested the court to Nolle Prosequoi this case, this court hereby grants the said motion in keeping with Section 18.1 of the criminal Procedure Law.”
Judge Sammy continues: “Wherefore, and in view of the forgoing, the movant’s motion is hereby granted and the indictment drown in 2013 is hereby dismissed without prejudice to the State. And it is hereby so ordered.”
According to the Indictment, from October 2012 to February 2013, co-defendants Musa Bility and Ellen K. Corkrum, then being Chairman of the Board of Directors and Managing Director of the Liberia Airport Authority, organized and engaged in the regulation and supervision of Civil Aviation activities, operating in Montserrado County at the James Sprigg Payne Airport and in Margibi County at the Robert International Airport.
The indictment further revealed that co-defendants Musa Bility and Ellen K. Corkrum, as signatories to the LAA’s account maintained with the Liberian Bank for Development and Investment (LBDI) criminally conspired with co-defendant Diaspora Consulting Group and the LBDI and defrauded the LAA.
Making unauthorized transfer of funds aggregating to US$269,000 from the accounts of the LAA through LBDI on diverse occasions to the accounts of co-defendant Diaspora Consulting in a bank in America for services which were never rendered by co-defendant Diaspora Consulting Engineering Group.
Co-defendant Diaspora Consulting and SSF Entrepreneur Inc. were submitted to the PPCC by co-defendant Ellen Corkrum to be single sourced for the rehabilitation of the RIA’s runway and other pavements in the combined amount of USD$1,538,333 and USD$1,283,333 proposed for SSF Entrepreneur Inc. and USD$255,000 proposed for Diaspora Consulting, LLC.