Monrovia-Former Commerce and Industry Minister Miatta Beysolow who was indicted during the February 2016 Term of Court and charged with economic sabotage, misapplication of entrusted property, criminal conspiracy and facilitation as well as the violation of the Procurement and Concession procedures and processes has requested the court to drop all charges against her.
She is charged along with the then Director of Price Analysis Steve Flahn Paye, former Managing Director of the Liberia Petroleum Refinery Company, Nelson Williams, Aaron Wheagar former Managing Director of the Liberia Refining Company for Operations and the Aminata & Sons Inc.
Their indictment by the state grew out of an allegation that the defendants while serving in various capacities jointly conspired to deprive the Government and people of Liberia of the proceeds and benefits from the sales and distribution of the Japanese oil grant to Liberia at the value of US$313,083,350.
“The aforesaid defendants acting jointly without color of right and fear of God and in total violation of the laws of Liberia with criminal intent deprived the Government and people of Liberia their just benefits and or portion of proceeds required by the distribution and sale of the Japanese oil grant valued at US$13,083,350.00” stated the indictment drawn by the state.
However, the indicted former Commerce Minister is putting up every legal fight by challenging the indictment to prove her innocence against the multiple criminal offences levied against her by the state.
In May defendant Beysolow legal counsel headed by Atty. Jonathan Massaquoi filed a motion to Criminal Court “C” where the trial is to take place requesting separate trial on grounds that her defenses are quiet contrary to the rest of the defendants.
“Movant says further that it is clear upon the face of the indictment that there was no casual connection between the movant (Beysolow) and the other co-defendants for which crimes they are jointly indicted and are to be prosecuted” said Atty. Massaquoi who also claimed that during the time of the sale of the oil defendant Beysolow was out of the country.
Though state prosecutor headed by Cllr. Daku Mulbah called on the court not to grant the motion for separate trial insisting that the alleged acts committed jointly but following the hearing the court ruled a week later to grant her a separate trial. Judge Emery Paye who ruled that the facts in the case warrant giving the defendant separate trial from the rest of the co-defendants.
Barely a month after the court granted her a separate trial another motion was filed to the court early this week by her legal counsel Atty. Massaquoi who asked the court to dismiss the indictment against the former minister because at the time the alleged crime was committed she was not in the country neither did she face any investigation before her indictment indicating that the indictment was based on sentiments.
“The indictment says that the alleged crime was committed during the period August 2011-2012 at that time the defendant was out of the country neither did she ever face the investigation board before the indictment” said Atty. Massaquoi who asked the court to dismiss the indictment against the defendant, further arguing that the Liberia Anti-Corruption has no prosecuting power.
Atty. Massaquoi continued that the Liberia Anti-Corruption Commission (LACC) facilitated an investigation that led to the defendant indictment when the defendant did not faced any investigation board.
LACC lawyer Cllr. Othello asks the court not to do same and counter argued when he told the court to take judicial of the notice of Section 11.1 of the Act that creates the LACC.
Section 11.1 of the Act that creates the LACC says that the prosecution of corruption cases shall be carried out with the Ministry of Justice in coordination with the Commission.
“ The argument of the defense lawyer falls short of legal ground to dismiss an indictment, dismissal of an indictment will be a bad precedent as the indictment was not intended to witch-hunt anyone” said Cllr. Pitman who asked the court to throw the motion out of the window of the court.
Judge Emery Paye of the Criminal Court “C” says after listening to the pros and cons of the argument the court will rule at any of the working time next week with no date set so far.
Kennedy L. Yangian [email protected]