Monrovia – One of the legal counsels representing Senator Morris Saytumah(UP, Bomi) in the ongoing trial at Criminal Court “C” involving former and present officials has withdrawn his legal representation.

Report by Bettie K. Johnson Mbayo, bettie.mbayo@frontpageafricaonline.com

The notice of withdrawal which is in possession of FPA states: “Please take judicial notice and have spread upon the records of this honorable court that effective as of the filing of this notice, Cllr. Zaiye B. Dehkee, have withdrawn his representation as one off counsels for co-defendant Morris Saytumah in the above cause of action.”

The London-based Global Witness report documented that on April 26, 2010, Saytumah, a former Minister of State for Finance, Economic and Legal Affairs, attached to the presidency, received $US50,000 as part of funds linked to bribery allegations to influence concession in Liberia. “

In March 2011 Saytumah, after he left office, wrote a letter for Sable—backdated to April 2009—saying that “the Government will assist the Delta Mining in its bid for any iron ore reserve that it may be interested in and has the technical and financial capacity to operate”, the report noted.

With Cllr. Dehkee’s withdrawal, co- defendant Saytumah is left with Cllr. Musa Dean of Dean and Associates.

At the same time, state prosecutors have filed 16 count resistance to the objection to all emails and spreadsheet that was previously filed by Defense in the trial.

In the resistance, the state said count 1 and 2 of the objection by Defense shows that they acknowledge the authenticity of the emails and their genuineness but contend that the process of obtaining the said evidence is in violation to the right of the privacy and the right against the illegal search and seizure.

The state added that the evidence obtained do not fall under any principle of the law cited in count 1& 2 of the objector’s objection because the said evidence were acquired by the investigators directly/ indirectly from person (recipient) of personal knowledge of Van Niekerk and Paul O’Sullivan.

“Respondents (State) submits that the instruments were written in the course of transaction with Co-defendant Sherman, Niekerk and Sullivan while latter two voluntarily turned over all of the email communications that are subjects of these proceedings to the investigators.”

The state added that the Defense cannot exert privilege as a defense to the email communications because the federal rule of evidence stating Rule 503. ‘Lawyer- Client Privilege Exceptions.

“It was Van Niekerk who gave all the emails subject to these proceedings to the investigators, the same Van Niekerk also give to the private investigators O’Sullivan the very same emails and other documents including business records of the Liberian Iron Ore investment.

The record is attached by an affidavit from Van Niekerk showing that he voluntarily turned over the emails to Paul O’Sullivan which form a cogent part of the resistance by state prosecutors.

“That as to Count 3 the objectors (Defense) are tacitly admitting and confirming the authenticity of the email evidence and all of the contents, but their objection is that even though the defendants were engaged in the various acts, the manner in which the evidence emails were acquired is their point of contention.

Prosecution says that the contentions that center on the evasion of privacy principle cannot be sustained because the prosecution did not obtain the emails and business records from co- defendants Sherman, Saytumah, E.C.B Jones, Shannon, Onanuga, Belleh, Saytumah and Tolbert but rather from O’ Sullivan, employer of Niekerk.”

In Count 14, the state prosecutors added that Sherman and Sherman and Sable Mining were never hacked into nor were doctored to create evidence against the defendants.

The state prosecutors’ resistance further averred that the spreadsheets revealed the payment of US$25,000.00 to Representative Henry Fahnbulleh to withdraw from the contest as Secretary General during the Unity Party Convention.

“This act actually occurred and cannot also be attributed to a hacker, Respondents (state) submits that the objectors’ act constitutes general denial without any established justification because they had failed to prove any evidence of hacking in their objection,

“Wherefore and in view of the foregoing, prosecution/respondent prays the court to ignore, deny and dismiss objections, sustain Respondent’s resistance, order the instruments marked by Court consistent with law  – ” State said.

Legal arguments on the Objection to Emails and Spreadsheet along with its resistance is expected to be heard Thursday by Judge Yarmie Gbeisay.

Monrovia – Barely 10 months following the indictment of several former and present officials of government in the much publicized Sable Mining bribery trial, the case resumed on Monday March 6 the Criminal Court “C”with a no show by the defendants.

Report by Kennedy L. Yangian klyangian@frontpageafricaonline.com

The lone defendant in court when the case was called for hearing was former House Speaker Alex Tyler but the rest of the defendants, Varney Sherman, E.C.B. Jones, Christopher Onanuga, Wille Belleh, Andrew Groves, Eugene Shannon and Morris Saytumah were all out of the bailwick of the court.

The former Chairman of the National Investment Commission (NIC), Richard Tolbert, who is one of the defendants in the case, showed up late n the yard of the court when the case had already been adjourned by Judge Yamie Gbeisay to be resumed today March 7 at 9 a.m.

Lawyers representing the defendants did not give the court any reason for the absence of their clients, however, Judge Gbeisay frowned on their absence, stating they are prominent citizens of the country and under the law, they were only being accused and not convicted therefore their rights are to be respected by the court.

Judge Gbeisay continued that during trial, defendants are under the obligation to respect the mandate of the court by showing up for trial.

The judge indicated that the defendants’ action, being the first time, must not be repeated or he court would set aside the bail bond and have them arrested ass such wouldn’t be tolerated by the court.

“Meanwhile, all defendants who did not show-up in this court at 9:00 a.m as per the assignment are hereby fine US$200.00 each to be paid on or before the call of the case Tuesday, March 7 hearing at 9:00 a.m.

Failure on their part, the Clerk of this court is hereby ordered to issue a writ of arrest and have them detained until the amount is paid into government revenue,” said Judge Gbeisay who stated that the measure did not include Senator Morris Saytumah who was not served with an assignment from the court .

The defense teams of former NIC boss Tolbert, led by Cllr. Edwin Martin, and that of Senator Varney Sherman, led by Cllr. Emmanuel James took exception to the ruling.