Monrovia – Criminal Court ‘C’ Judge Yamie Quiqui Gbeisay will today, entertain final argument in the case involving former officials of the Central Bank of Liberia (CBL).
Judge Gbeisay on Monday, issued out a notice of assignment for the final argument of the case after both prosecution and defense lawyers’ rested with the production of both oral and documentary evidence.
However, the burden is now on both the prosecution and defense teams to proof their side of the case during the final argument.
Meanwhile, Ex-CBL Governor Milton A. Weeks along with Tamba Kollie, David Farhai and Elsie Dossen Badio are on trial for the alleged illegal printing of huge quantity of Liberian dollars banknotes.
The former CBL officials were indicted by the grand jury of Montserrado County for the alleged commission of the crimes of Economic Sabotage, Criminal Conspiracy, Criminal Facilitation, among others.
However, when the indicted four former officials of the CBL were arraigned before the court, they pleaded not guilty to the criminal charges.
The Defendants not guilty plea means that they have joined issued with the State to prove their (defendants) case beyond all reasonable doubts.
However, prior to the four defendants not guilty plea, the State had dropped charges through a Nolle prosecquoi for three other defendants in the case, namely: Richard H. Walker, former Director for Banking, Joseph Dennis, former Director for Internal Audit and Dorbor M. Hagba, former Director of Finance all of the CBL charged along with the four defendants.
Prosecution said the decision to dropped charges against the three defendants is in line with Chapter 18, sub section 18.1 of the Criminal Procedure Law(CPL).
Meanwhile, following the defendants not guilty plea, State lawyers requested the court(Criminal Court C) to order the jury management to arraign qualify jurors to make a determination of the facts in the case.
“Prosecution at this stage, request your Honor that the defendants having pleaded not guilty, thus joining issues with the State, request your Honor to order the Jury Management to submits names of qualified Liberians who will sit as judges of facts to make a determination of the fact that will be laid before them,” the State said.
In resistance to the State’s submission, the defendants waived their rights to jury trial and requested for a bench trial.
Meaning that the judge of the court will served as both judge and jury ( Jury De Facto) in the trial of the case.
“In response to the request of the prosecution, Co-defendants Milton A. Weeks begs to inform your Honor and this court that he has waived his right to a trial by jury and therefore request that the court sits as jury De Facto. At this stage, counsels of records for co-defendants David Farhai, Kollie Tamba and Elsie Dossen Badio, most respectfully inform this Honorable Court that the said named defendants waived jury trial and will therefore yield to a bench trial by this Honorable Court,” the defendants said.
In his ruling, Judge Yamie Quiqui Gbeisay denied the State application for jury trial and granted the defendants a bench trial.
Judge Gbeisay said in the legal practice, a trial by jury or bench is a constitutional and Statutory rights of the defendants.
“In this jurisdiction, a trial by jury is a matter of constitutional and Statutory rights of the defendants. The defendants through their counsels having waived such trial, this court have no choice but to grant same.”
He continues:” in view of the above facts and circumstances, the request of the Prosecution is hereby ordered set aside and the response thereto which the defendants are outting for , bench trial is hereby granted.”
At the same, Prosecution also requested the court for a separate trial for one of the defendants, Melissa A. Emeh during the trial.
Prosecution said since the indictment was drawn against defendant Emeh, she has not been brought under the jurisdiction of the court, as she is out of the bailiwick of the country.
“Prosecution at this stage, begs to inform court that since the drawing of the indictment against the defendants, co- defendant Melissa A. Emeh has not been brought to this court. That given the fact and as per the Constitutional right given to the defendants for speedy trial, prosecution request that a separate trial be granted in favor of the co-defendants (Weeks, Badio, Tamba and Farhai) in the dock with exception of co-defendant Melissa A. Emeh who is out of the bailiwick of Liberia,” Prosecution added.
In response, the defendants (Weeks, Badio, Tamba and Farhai) interposes no objection to the prosecution’s submission.
“As to the Prosecution’s submission for a separate trial for the rest of the defendants excluding Melissa A. Emeh, co-defendant Milton A. Weeks interposes no objection. As to the rest of the defendants, namely: co-defendants Elsie Dossen Badio, Kollie Tamba and David Farhai, we interposes no objection,” the defendants said.
However, Judge Gbeisay also granted the prosecution request for the separate trial of defendant Melissa A. Emeh.
“At the call of this case, prosecution informed court that in the face of one of the defendants in person of Melissa A. Emeh, being out of the the bailiwick of this court, the prosecution wish for a separate trial for the defendants who are present and have submitted themselves to this court. With that request,respective counsels for the defendants interposes no objection. Said request is hereby granted and this court shall proceed to try the other co-defendants who are present in the dock,” Judge Gbeisay ruled.
Meaning that Melissa A. Emeh is excluded from the defendants currently undergoing trial at the Criminal Court C in connection to the illegal printing of the Liberian banknotes.