Monrovia – The Supreme Court will on Tuesday, October 3, 2017 at the hour of 10:00 am hand down opinion in the ruling of Judge Yarmie Gbeisay to temporarily accept prosecution lawyers’ evidence in the land mark Sable Mining bribery case.
Judge Gbeisay at the time he served as presiding Judge of the Criminal Court “C” at the Temple of Justice in May 2016 ruled to temporarily accept e-mails evidence of the prosecution in the famous Sable Mining bribery case involving several former and current government officials.
The e-mails evidence is reported to have been exchanges between the principal accused in the case, Senator Varney Sherman, and an official of the Sable Mining Hans Van Niekerk, who currently lives in South Africa.
Judge Gbeisay stated in his ruling that he has decided to temporarily accept the e-mails in to evidence of the prosecution until the Sable Mining executive Hans Van Niekerk can come to the country and testify to the instrument.
His decision was objected by the prosecution lawyers headed by Cllr. Daku Mulbah who later appealed to the Supreme Court Justice In-Chambers, Philip Banks.
“The ruling of Judge Gbeisay to temporarily accept the e-mail evidence was an error on the part of the presiding judge Yarmie Gbeisay” said Cllr. Mulbah in his brief to the Supreme Court Associate Justice Banks.
Associate Justice Banks, following hearing into the writ of certiorari to the judge’s decision ruled and admitted that Judge Gbeisay did commit and error when he temporarily admitted the e-mail evidence of the prosecution which was contrary to the law.
Banks’s ruling was also rejected by defense lawyers headed by Cllr. Cyril Jones who also announced and appeal to the Supreme Court for redress.
A notice of assignment issued by the high court has scheduled the opinion of the high court as the second case on the docket of the court opinion for Tuesday, October 3, 2017.
The decision of the Supreme Court will determine whether to uphold the decision of Associate Justice Banks that the judge committed an error or reverse his decision that the judge did not commit an inadvertent error.
The high court decision will also pave the way for the continuation of the case which has been halted for a year due to the writ of certiorari filed against the judge’s decision.
The Sable Mining bribery case involves eight former and current government officials including former speaker Alex Tyler who have been charged with economic sabotage, theft of property, criminal facilitation, conspiracy and solicitation.
Government lawyers have accused the eight former current and former government officials of allegedly receiving US$75,000 bribe to change the Public Procurement Concession Commission’s (PPCC) law in favor of the British Company to mine the Wologisi Mountain in Lofa County, but all eight defendants have denied the charges hereby shifting the burden on state lawyers to prove the charges.
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