Monrovia – The Liberia Anti-Corruption Commission (LACC) has been accused of indirectly ignoring court’s order, which mandates it to payback ex-employees’ remittances of an over taxed rate.
Report by Henry karmo [email protected]
The payback order was done back in December of 2018 by Commercial Court Judge Eva Mappy Morgan.
According to court documents, the ex-employees tax rate from salary by then amounted to 10% but was on the contrary applied as 26+%; something which caused them a huge reduction of their income over the years.
Court documents in the possession of this newspaper show that the ex-employees’ employment at the time of the incident range from a year to six years. The amount in question is US$57,105.64.
Following several court proceedings, backed by several documents, from the plaintiffs and the defendants, the Commercial Court ruled on December 27, 2018 that the defendant (LACC) make payment of the over US$57,000 with immediate effect.
But Cllr. James N. Verdier is yet to make said payment.
Cllr. Daniel Tipayson, in an interview with FrontPageAfrica described LACC’s action as counterproductive.
Cllr. Tipayson said: “This is an unfair treatment against us by the LACC boss. His action has brought a serious embarrassment to the institution because it seems that he singlehandedly applied our money for his personal gains.”
The action by the LACC boss has reportedly affected more than eight ex-employees of the entity. Cllr. Tipayson, one of the aggrieved further stated, “Cllr. Verdier told us prior and during the court’s proceedings that with the consent of the Board of Commissioners and LACC employees, he used our remittance to purchase a generator for the Commission, a statement which was is false and misleading.
“Even if he did, he was still in the wrong because he has no legal right to use our personal money for such purpose, especially when the Public Procurement Concession Commission (PPCC) had by then told us that they have already procured generator for the LACC.”
According to Cllr. Tipayson, if any institution or individual should be setting example in the fight against corruption that should be executives of the LACC. He added: “The LACC executives themselves were entangled in corruption.”
The group also accuses the LACC of playing delay tactics to take an appeal to the Supreme Court as mentioned by his legal team. According to Cllr. Tipayson in pursuant of Article IV of the act creating the Commercial Court, an escrow account should be opened to deposit the amount in question before an appeal is taken to the Supreme Court by any litigant; an order he said is still to be taken by the LACC boss.
When contacted via mobile, the outgoing Executive Chairperson of the LACC, Cllr. James N. Verdier responded, “I am done with that case and have nothing else to say.”
As it stands it’s not clear as to whether the escrow account that the Commercial Court demanded to be opened by the defendant has been open or not.
According to one legal practitioner, the duration of opening said account is 60 days which ends this Thursday, February 28, 2019.
But one of the plaintiffs, who preferred to be anonymous in a brief chat with this newspaper, also disclosed that they’re planning to meet the incoming management team of the LACC for payment of their money and to also request the prosecution of Cllr. Verdier and Toe if their debt isn’t settled before and after their exit.
He described their action as misapplication of entrusted property and embezzlement. According to this legal practitioner, “if a person is done with a civil case that person can also be sued criminally, especially when the defendant has lost the civil case for the same matter.” He added that walking with impunity of both Cllrs. Verdier and Toe and others, who are part of the US$57,000 remittance of ex-employees’ saga, could open room for more corruption at the entity.