MONROVIA – Businessman Boimah Kay Folley has been acquitted from the alleged criminal indictment against him following a Criminal Court ‘C’ ruling that overturned the Monrovia City Court Presiding Judge Jomah Jallah’s guilty verdict against him.
The Ministry of Youth and Sports in 2021, instituted a criminal action against Folley, on allegations that he received $24,000 from APM Terminal to supply 60 sets of jerseys for 15 counties during the 2019/2020 National County Meet and failed to supply the items.
On October 18, 2019, the Ministry recommended the Folley Sports Center as a vendor to supply 60 sets of jerseys, based on sponsorship from APM Terminal, in which a contract was entered into by APM Terminal and the Sports Center, dated November 26, 2019.
Accordingly, the court record displays that the business center presented an invoice of the amount of 24,000 to APM Terminal and the value of said amount was transferred to the vendor’s account.
Besides, the invoice reveals that George Haines Gborgar, proprietor of Heaven Printing Company, received 50 sets of jerseys, but claimed that 10 sets were delivered to him and subsequently turned over to the Liberia National Police, after being requested to do so.
However, the record further obseres that the Ministry of Youth and Sports then demanded Defendant Folley to turn over the funds allegedly received from APM Terminal on grounds that he failed to perform or supply the 60 sets of jerseys as agreed upon by the parties.
Zeogar Wilson, Minister of Youth and Sports, wrote a communication to the Liberia National Police, claiming that Defendant Folley defrauded the government and defaulted in the supply of 60 sets of jerseys and that the funds were converted into his personal use, at which time the defendant was investigated by police, charged for the crime of theft of property and misapplication of entrusted property, and subsequently forwarded to the Monrovia City Court.
Defendant Folley, nevertheless, pleaded not guilty to all charges levied against him at the call of the case, at the Monrovia City Court. He said all procedure requested by APM Terminal was followed before the transfer of the said amount and that the sets of Jersey were delivered to one George Haines Gborgar of Heaven Printing Company to print the sets of jerseys.
However, in his verdict, Judge Ciapha Carey noted that prosecution evidence adduced during the trial was not sufficient and of such probative value to prove beyond reasonable doubt that the defendant was guilty of the crimes as contained in the Writ of Arrest.
Judge Carey in his Monday, January 10 ruling, said the prosecutors failed to meet the burden of proof required to adjudge the defendant guilty of charges in the writ of arrest and did not produce any prima facie evidence to adjudge Defendant Folley, thereby acquitting him of all charges.
Judge Carey’s ruling also observed that the contract was entered into by APM Terminal and Boimah Sports Center to supply the 60 sets of Jerseys and not Folley in person, based on its internal procurement process.
“The court observed invoice number #1227 marked D/2 and confirmed by the Court below dated Dec. 27, 2019, in the name of Heaven Printing Company whose proprietor is Mr. George Haines Gborgar or receiving 50 sets of jerseys,” court document in the possession of FrontPageAfrica noted.
Instead, the court said the Writ of Summons should have been issued and served on the Folley Sports Center as the proper party defendant and not a Writ of Arrest, contrary to Section 10.18 of the Civil Procedure Law of Liberia.
Judge Carey’s ruling maintained that the evidence adduced by prosecuting lawyers was “weak and empty” to adjudge Folley guilty of the criminal conspiracy, theft of property and later mandated the Monrovia City Court to resume jurisdiction over the matter as well as enforce the judgment consistent with the law.
Criminal Court “C” non-guilty verdict follows an appeal filed by Folley, the defendant in the main action, before the Monrovia City Court, wherein Court “C” surmises that certain facts are material to the issues at the bar and they must be restarted.
“This court also agrees with the Defendant’s contentions that it was unreasonable to hold Defendant Boimah Kay Folley for what he termed and referred to as insufficiency of evidence,” the court document maintained.
The court document maintained: “It is the final ruling of this court, that Defendant’s Bill of Exception being supported by law must be and same is hereby granted. Having granted Defendant Boimah Kay Folley’s Bill of Exceptions and Appeal granted, the Clerk of this court is hereby ordered to send a mandate to the Court below, instructing the Judge Presiding therein to resume jurisdiction over the case and to enforce his judgment.”