Monrovia – International Bank Liberia Limited (IB Bank) has, through its legal representatives, informed that the court that disks (CD Rom) that contained scanned checks of Cllr. H. Varney G. Sherman for the period being subpoenaed by the court might be destroyed.
Report by Kennedy L. Yangian [email protected]
“Our client believes that the disk (CD Rom) containing the scanned checks for Cllr. H. Varney Sherman for the period under review was among destroyed disks that may have been disposed of because the information contained therein could not be recovered.”
In a communication addressed to the Judge Yamie Quiqui Gbeisay, Sr. of Criminal Court “C”, the bank noted that it conducted diligent search for all the scanned copies of the remaining checks in respect of the December 2016 Writ of Subpoena Duces Tecum ordered and served on the bank, and the subsequent March 7, 2017 Contempt Proceeding against the bank to show cause why it should not be held liable for failure to comply with the court’s order.
According to the bank, after its diligent search of all its storage and secured locations, both at its headquarters and other local branches, it was unable to locate the checks in question.
“Our client believes that the disk (CD Rom) containing the scanned checks for Cllr. H. Varney G. Sherman for the period under review was among destroyed disks that may have been disposed of because the information contained therein could not be recovered,” the letter addressed to the Judge noted.
Heritage Partners & Associates, Inc. – the law firm that represents the IB Bank Liberia reiterated the bank’s explanation provided in the March 9, 2017 communication to the effect of the original copies of the processed checks for April 2010, with the exception of one check valued at US$10,000 were signed for and received by the personal representative of Cllr. Sherman, Joseph Baryogar, on May 13, 2010.
According to the bank, the only relevant documents in its possession in respect to the subpoena are Cllr. Sherman’s statement of account for the period beginning April 1, 2010, up to and including April 30, 2010, indicating the various transactions; checks (#007747) drawn on IB Bank valued at US$10,000 in the name of Cllr. Sherman.
The documents were enclosed in the March 9, 2017 letter addressed to the court and filed with the clerk of court.
The International Bank (IB) was among several banks in the country that the court subpoenaed to produce account statements and other relevant documents pertaining to financial transactions referred to by the Global Witness’ The Deceivers Report.
The court’s subpoena was triggered by an application from the prosecution lawyers to have the defendants surrender the bank statements which they said were cogent among their evidence.
Though, the defense lawyers headed by Cllr. Frank Musa Dean objected to the prosecution’s application on ground that it was not appropriate when the trial had not commence [at the time], prosecution lawyers headed by Montserrado County Attorney Cllr. Daku Mulbah have argued that bank statements of the defendants were needed because it could help prove their case beyond reasonable doubt.
Meanwhile, the trial continues on Wednesday with the prosecution’s first witness, Marc Kollie, an investigator of the Liberia Anti-Corruption Commission (LACC) facing cross-examination.
Witness Kollie whose testimony further indicted the defendants maintained that former Speaker J. Alex Tyler received US$75,000 to influence changes in the Public Procurement Concession Commission Act in favor of Sable Mining Liberia Limited.
“The US$75,000 received by former Speaker Tyler was reflected on the spreadsheet of Sherman which was forwarded to Sable Mining as its West African operations weekly income and expenses,” said Kollie who indicated that there was no competitive analysis done by investigators on the draft and amended PPCC Act.
When quizzed by Cllr. Johnny Momoh how he derived at the outcome of his investigation to charge the former Speaker with bribery by allegedly receiving US$75,000, Kollie indicated that what was discovered in the amended PPCC Act was Article 75 which declared the Wologisi Mountain as a non-binding area.
However, when also questioned whether he knew of a letter sent by President Ellen Johnson Sirleaf to have the draft of the PPCC Act amended, Kollie responded in the affirmative and added that there was a difference between the two.
The case continues Wednesday, March 22 with the continuation of the cross examination of the Prosecution Witness Kollie who is the first of 26 witness to appear before the court for the prosecution.