Monrovia – The May 2016 Term of Court across the country resumes Monday with a special ceremony to be attended by judges, lawyers, court officers, prospective jurors as well as party litigants.

There are four terms of the circuit courts—February, May, August and November Terms. Each has a 42-day sitting while the Supreme Court has two terms, March and October respectively.

The May term of court kicks off today with the trial of the former Minister of Commerce and the former Managing Director of the LPRC, T. Nelson Williams and others taking place.

Judge Blamo Dixon of the Criminal Court “C” at the Temple of Justice while accepting a US$ 2m insurance bond for the five former government officials announced last month that the trial was set for the May Term 2016 of Court.

“The US$ 2m Insurance bond for the defendants is sufficient and is endorsed by this court, this case is adjourned and assigned for the May 2016 Term of Court,” said the tough talking judge Dixon.

His decision was reached after the Liberia Anti-Corruption Commission (LACC) lawyer, Cllr. Othello Pitman, asked the court in a motion to set aside the bond for the five former officials due to its insufficiency.

The five former officials have been indicted by the Liberia Anti-Corruption Commission (LACC) for economic sabotage, misapplication of entrusted property, criminal conspiracy and facilitation

Those charged by the LACC to go on trial are: Miata Besylow, former Commerce Minister, Steve Flahn Paye, then Director of Price Analysis & Marketing Ministry of Commerce, T. Nelson Williams for Managing Director Liberia Petroleum Refinery Company (LPRC), Aaron Wheagar, then Managing Director of the Liberia Petroleum Refinery (LPRC) and Aminata & Sons.

According to the Liberia Anti-Corruption Commission (LACC) indictment, the defendants jointly, while serving in various capacities without the color of right and fear of God and in total violation of the statutory law of Liberia, allegedly made and provided with criminal and wicked intent to deprive the government and People of Liberia their just benefits and portion of proceeds required from the distribution of the sale of Japanese petroleum products valued at US13, 083,350.

Ahead of the defendants’ trial which is to start 10-days after the court opens on Monday, two of the defendants have asked the court through their respective motions for separate trial.

Former Commerce Minister Besylow who first filed a motion to the court through her legal counsels, Pierre Tweh &Associate, told the court to grant her separate trial because her defenses are antagonistic to the rest of the defendants.

“ Movant says she is one of  several co-defendants charged with the crimes of economic sabotage, misapplication of entrusted property, this motion of severance is based on the grounds that my defences clashed with and are antagonistic to those of the other defendants,” said the lone female defendant  Besylow

The second defendant to file another motion for severance is the Aminata & Sons who claims that there was no factual basis or reason to have the company indicted with the other defendants, adding “MOU for the sale of the Japanese oil was signed with the company and the LPRC and it has met all obligations in the MOU.”

However, the court has not heard or rule on the motion to determine whether to grant the two defendants separate trial.

Kennedy L. Yangian kennedylyangian@frontpageafricaonline.com

Monrovia – Judge Blamo Dixon of Criminal Court C’ put smiles on the faces of former and present Government officials when their US$2 million bond was accepted by the court. The ruling by the judge follows a two day argument by prosecution and defense lawyers following prosecution exception and a motion to justify surety filed by the defense in the proceeding.

Miata Beyslow former Minister of Commerce, Steve Flahn-Paye then Director Division of Price Analysis and Marketing, Ministry of Commerce T. Nelson Williams, former Managing Director and Aaron Wheagar, then deputy managing director for operations all of the Liberia Petroleum Refining Company were indicted by the Liberia Anti-Corruption Commission on Economic Sabotage, Misapplication of entrusted Property, Criminal Conspiracy, Criminal Facilitation and violation of required Public Procurement and Concession Commission procedures and process.

According to the State the exception to the criminal appearance bond filed by the defendants is fatally, defective, insufficient, and does not meet the requirement and standards of law.

In a 16 count exception, the state prayed the court to set aside the bond until same is made adequately sufficient. But the defendants filed a motion to justify the surety contained in 18 counts, praying that their bond be confirmed and allowed by the court.

The defendants withdrew their motion to justify surety and filed an amended motion to justify surety and attached a certificate of the insurance company-Accident and Casualty Insurance Company Assets. After hearing a writ of subpoena was issued on the Central Bank of Liberia in order to testify to the certificate issued to the said Insurance Company by the Bank.

An authorized officer of the bank in person of Ivan Dorbor Korvah Assistant Director for Insurance, Central Bank of Liberia, appeared before the court confirmed and affirmed the said certificate in favor of the surety for the defendants.

The Accident and Casualty Insurance Company was represented in court by Preston A. Miller Sr, General Manager of the said insurance company, the surety also confirmed, reconfirmed, affirmed and reaffirmed the criminal appearance bond of the defendants and the certificate issued in favor of the insurance company by the Central Bank of Liberia.

Prosecution requested the court to grant its exception to the criminal appearance bond invalid and set same aside.

But in his ruling the Presiding Judge of Criminal Court C’ Dixon said the defendants met the requirement and standard contained in the case Margaret E. Robertson, Et-AL, versus Quiah Brothers , Et-AL referencing the 2012 opinion of the honorable Supreme Court of Liberia.

“The primary purposes of bail in a criminal case are to relieve the accused of imprisonment, to relieve the state of the burden of keeping the accused pending trial and at the same time to keep the accused constructively in the custody of the court, whether before or after the conviction, to ensure that he will submit to the jurisdiction of the court and be in attendance thereon whenever his attendance is required” IBID: 37LLR, Page 604, SYL4 (1994).

Also the 1986 constitution of Liberia Article 21(d) (1&2) provides: “All accused persons shall be bailable upon their personal recognizance by sufficient sureties, depending upon the gravity of the charge, unless charged with capital offenses as defined by law.” “Excessive bail shall not be required nor excessive fines imposed, nor excessive punishment inflicted.”

Judge Dixon therefore decided “Wherefore in view of the foregoing, and the laws controlling, the court is inclined to grant defendants’ amended motion to justify surety.”

The Judge added: “The bond is hereby allowed, confirmed, affirmed and endorsed by the court. The court shall not imprison the defendants because their bond is now sufficient in law by virtue of the certificate issued in favor of the surety of the defendants”.

Judge Dixon noted the Accident Casualty Insurance Company by the Central Bank of Liberia, the Prosecution’s exception to the defendants’ criminal appearance bond is hereby denied and dismissed.”

Monrovia – The Presiding Judge of Criminal Court C’ will on today decide the fate of US$2million bond filed by Miata Beyslow, T. Nelson Williams, Steve Flahn Paye, Aaron Wheagar, Aminata and Sons former and present government officials of the Liberian government.

Currently Defendant Beyslow is working as chair of the Board of Directors of the National Social Security and Welfare Corporation (NASSCORP) while Flahn-Paye is working at the Ministry of Commerce.

The court heard legal argument in the US$2 million bond filed by and following the indictment drawn against them by the state through the LACC.

The Liberia Anti-Corruption commission in its indictment stated that the defendants intended to deprive the government and people of Liberia of the proceeds from the sale of petroleum products valued at US$13,083,350 donated by the Japanese Government for economic and social development efforts.

“The defendants did knowingly, feloniously, purposely, criminally, maliciously, wilfully, intentionally steal, pilfer, take and carry away, exercise unauthorized control over and converted the total amount of US$5,764,110.84 for their use and benefit or the use of the other under various schemes and thereby committed the felonious crimes of economic sabotage, misapplication of entrusted property, criminal conspiracy and criminal facilitation”, the indictment further stated.

The defendants are charged for allegedly violating chapter 25, sub-chapter “F” (Economic Sabotage), section 15.80 (a), (b) and (c), section 15.81 (a, b and c) and section 15.82 (a b and c), section 15.56 (misapplication of entrusted property) and chapter 10, section 10.2 (Criminal Facilitation) and 10.4 (Criminal conspiracy) of the Penal Law of the Republic of Liberia.

Under Chapter 15, sub-section F, a person commits the crime of Economic sabotage when such person knowingly conspires or colludes to defraud the Government of Liberia; knowingly makes an opportunity for any person to defraud the Government of Liberia by another and does or omit or does any act with the intent to enable another to defraud the Government of Liberia.

The hearing of the US$2 million bond followed the prosecution lawyers’ motion of exception that the bond posted by the defendants is a product of misrepresentation, misinformation, and dishonesty only intended to evade the laws controlling under such cases and to wilfully and intentionally mislead the court thereby bringing it to public disrepute.

The state furthered that the Accident and Casualty Insurance Company serving as surety on defendants bail bond has not shown to the satisfaction of the court any legal authority and or evidence that it has the capacity and ability to withstand, undertake and cover the obligation it has undertaken to perform as surety under defendants bail bond.

“The insurance license, tax clearance business registration certificate, restated article of incorporation and independent Auditor’s report and financial statement for the year 2014 attached to the criminal appearance bond are not sufficient to show that the insurance company has the capacity and ability to perform the obligations it has undertaken in the criminal appearance bond”, declared the State.

In count 3, the state indicated that the only instrument that makes reference to ACICO’s financial status if any, is it 2014 independent auditor’s report and financial statement for the year ended December 31, 2014.

Prior to the hearing prosecution lawyers requested a subpoena for the Central Bank of Liberia to authenticate, and verify the certification of the Accident and Casualty Insurance Company assets that filed the criminal appearance bond for the defendants.

The prosecution previously begged the court to take judicial notice of the exception that was taken following the defendants filing their criminal appearance bond to the court.

When the bond was filed a notice of withdrawal of their justification of the bond and an amended motion to justify the surety attached with a Central Bank instrument is currently before the court.

But appearing at the court, the defendants were in full and the Central Bank verified the certification of the Insurance Company. At the same time the insurance company maintains that the bond was valid.