Monrovia – Criminal Court “C” at the Temple of Justice will hear argument in a motion filed by former Speaker of the House, J. Alex Tyler.
The indicted House Speaker Tyler motion for ‘disclosure and access to evidence’ requested the court to instruct prosecutors to disclose evidence out of which he and several others are facing multiple charges.
Tyler and former chairman of the ruling Unity Party and Senator of Grand Cape Mount County, Varney Sherman, Ernest C.B. Jones, Chris Onanuga and UK-based Sable Mining and its officials are jointly facing corruption related charges of bribery and economic sabotage after Global Witness linked them to a bribery scandal in which they allegedly tampered with public procurement laws to favor Sable Mining.
In his motion for disclosure of evidence, Tyler claimed to be entitled to the evidence in the possession of the prosecution in order to enable him prepare an adequate defense against charges brought against him.
Global Witness had claimed that Sable Mining allegedly bribed several past and present Liberian officials over US$950,000, out of which Tyler being legally confronted with a US$75,000 bribe he allegedly received to catalyze the changes in public procurement act.
The intent was to seek a non-bidding concession of Wologizi Mine to Sable Mining.
In the latest motion filed by Tyler, he argued that Section 17.2 of the Criminal Procedure Law provides that the court, on motion, may direct that books, papers, documents or other things designated in a subpoena duces tecum be produced before the court at a time prior to the trial or when they are to be offered in evidence.
The provision also suggests that upon production of such instrument, they may be permitted to be examined and copies be made by the parties and their attorneys.
Making reference to a U.S. Supreme Court’s decision, Tyler said the government’s obligation to disclose material evidence to the accused is pertinent not only to the accused preparation for trial, but also to his determination of whether or not to plead guilty.
In justifying his demand for the prosecution’s evidence, Mr. Tyler recalled that President Ellen Johnson Sirleaf’s Special Task Force set up to prosecute the case at bar held a press conference in July claiming to had “in its possession sufficient evidence to prosecute” him and other defendants linked to the Sable Mining bribery syndicate.
Mr. Tyler contended that the law (21A Am Jur 2d section 1270 Criminal Law) requires the prosecution to disclose evidence that is material to either guilt or to punishment irrespective of the good or bad faith of the prosecution.
“Further, the Supreme Court of America has held in the case: Pennsylvania vs Ritchie … (1987) that the government has an obligation to turn over evidence in its possession that is both favorable to the accused and material to guilt or punishment,” Mr. Tyler argued.
The former Speaker filed the motion days before his request to travel for medical leave in September.
It can be recalled the Montserrado County Attorney Cllr. Daku Mulbah in the wake of the granting of the leave indicted Tyler, Cllr. Mulbah told the court that they could not produce evidence against Tyler until he can returned to the country after the sick leave.
“The state cannot present its evidence to the court now when the indicted speaker is out of the country, we have to wait until he returns,” the state lawyers told the court.
The comment from the state lawyers comes in the aftermath of a motion filed by the legal counsel of Tyler, Cllr. Johnny Momoh to the court for the prosecution to provide its evidence to the defense as a matter of law.
Criminal Court “C” scheduled the hearing for the motion for the disclosure of evidence for September 22, 2016 at 1:30pm two days after the return of Tyler, but he didn’t return as scheduled by the court.
Tyler was removed as Speaker of the House of Representatives when his colleagues in the House deemed him morally unfit to head the honorable House.
According to the lawmakers, Tyler could not preside over sessions until he was cleared from the allegations of bribery.
Upon some back and forth on the matter, Tyler who earlier put on a non-compliant posture recused himself, describing those who called for his recusal as paid agents.
He was later removed as Speaker when lawmakers protesting against him won majority signatures.