Monrovia – Criminal Court “C” at the Temple of Justice on Tuesday was the scene of argument between state prosecutors and lawyers defending indicted House Speaker, J. Alex Tyler on whether to grant the Speaker a separate trial in the ongoing Sable Mining alleged bribery probe.
Report by: Kennedy L. Yangian [email protected]
The court is trying Speaker Tyler along with Grand Cape Mount County Senator, Cllr. Varney Sherman, E.C.B. Jones and Christopher Onanuga on multiple counts of bribery charges including economic sabotage, criminal conspiracy, criminal facilitation and criminal solicitation, growing out of recent Global Witness report.
The Global Witness report which prompted the prosecution; alleged that the accused received various sums in bribery, totaling US$950,000 to change provisions of the Public Procurement and Contract Commission (PPCC) law to grant a concession agreement to a British Company, Sable Mining to mine the Wologisi Mountain in Lofa County.
Tuesday’s argument followed a motion filed last week by Speaker Tyler’s lawyers, Cllrs. Hilton Powo and Johnny Momo, praying the court for separate trial on the basis that Speaker Tyler’s defenses are antagonistic to the rest of the other defendants.
Justifying their motion, Cllrs. Powo and Momo told the court that Speaker Tyler was the only individual accused of receiving US$75,000 to change the Public Procurement and Concession Agreement Act (PPCC) and not any of the defendants in the indictment.
“Trying Speaker Tyler jointly with the rest of the defendants would mean that he will be saying different things while the other defendants will be saying another thing” said Cllr. Powo.
Cllr. Powo also made specific reference to a letter from President Ellen Johnson Sirleaf written to the Speaker in August 2011 instructing him for the House of Representatives to amend the PPCC Act of 2005.
Cllr. Powo wants the court to give his client a separate trial so that he can get a free fair and impartial trial.
Cllr. Momo one of Tyler’s lawyers called on the court to take judicial notice of the President’s letter to the Speaker to amend the PPCC Act, stating that when the act was amended it was presented to the House of Senate for concurrence.
But a member of the prosecution team, Cllr. Othello Pitman differed with Speaker Tyler’s lawyers, saying that they were speaking out of apprehension adding that if the Speaker say his defenses are different from the rest of the other defendants, those defenses should have been made clear to the court.
Cllr. Pitman asked the court not to grant Speaker Tyler separate trial as he and the other co- defendants have conspired to carry out the act in their respective positions in government.
Commenting on the President’s request to the Speaker to amend the PPCC Act, Cllr. Pitman said the letter was meant for the Speaker to amend the act to have been followed by a competitive bidding process which was in the best interest of the country but Speaker Tyler chose to deviate from the purpose by taking bribe.
Lead prosecutor, Cllr. Daku Mulbah for his part, said as far as he was concerned, Speaker Tyler has not deny the charges against him, therefore the state was in readiness to prove its case him and the others.
“We say, do you want to divide between the giver and the receiver? We say no, your honor” said Cllr. Mulbah who asked the court to deny the motion.
Judge Emery Paye has meanwhile reserved ruling into argument until a later date based on notice of assignment in keeping with a notice of assignment to be issued by the court.
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