Monrovia – The Criminal Court “C” at the Temple of Justice trying the indicted former Managing Director of the National Port Authority (NPA) Matilda Parker and Comptroller Christian Paelay is to hand down ruling next Tuesday, September 25 in the motion filed by the defense counsel to dismiss the indictment against the two NPA former officials.
Report by Kennedy L. Yangian, [email protected]
The ruling is expected to be handed down by presiding Judge Boima Kontoe at 9:00 am, and will focus on dismissing the indictment against the defendants and set them free or deny the motion and allow the court to hear the merit of the case.
Presiding Judge Kontoe is expected as a result of heated argument held on the motion on Thursday, September 20 between the prosecution and the defense counsels.
During the argument, lone defense counsel, Cllr. Arthur Johnson who took the stand opened his argument with the reading of a letter sent by former President Ellen Johnson Sirleaf to the former NPA boss Parker. The letter instructs Parker to immediately proceed with the removal of a wreck from the Greenville Port as a way of paving the way for increasing government’s revenue.
Cllr. Johnson added that it was wrong on the part of the prosecution to have indicted the former NPA officials when the former president had issued them such instruction adding that they were agents of the former president who were covered by her immunity as the law provides that the president cannot be sued neither can she be sued.
“This whole process of investigation was based on political agenda, therefore dismiss the indictment against the two defendants,” said Cllr. Arthur Johnson.
The defense counsel later made reference to the case, “Port versus Dennis 9LLR P.213, SYL4 Opinion of the Supreme handed down on January 24,1947.”
Referencing that opinion, Cllr. Johnson said the Supreme Court stated that agents of the president enjoyed prosecution immunity as the president.
Countering Cllr. Johnson’s argument, Solicitor General Cllr. Daku Mulbah who heads the prosecution team, argued that its the same president suspended co-defendant Parker then Managing Director of the National Port Authority (NPA) and subjected her to criminal investigation and prosecution.
According to Cllr. Mulbah, the motion to dismiss lacks the condition for the dismissal of an indictment and that the Criminal Procedure Law Chapter 16, subsection16.7 says in order to dismiss an indictment there must be a defect in the institution of the prosecution or in the indictment.
“Wherefore and in view of the foregoing respondent requests your honor to deny, dismiss and quash the movants; motion as if same was not filed at all and order the trial of this case proceeded,” said Cllr. Mulbah in response to the defense motion to dismiss the indictment.
Both Parker and Paelay have gone on trial for allegedly robbing government of over US$800,000 intended for removing wrecks at the Port of Greenville. The pair are charged with economic sabotage, theft of property and criminal conspiracy; however, the two defendants have since denied the charges.