PHOTO: Former VP Joe Boakai
By Garmah Never Lomo, garmahlomo@gmail.com
Former Vice President Joseph Boakai and political leader of the main opposition Unity Party turned up in court but could not testify against fellow opposition ANC leader, Alexander Cummings on Monday, May 2, 2022, due to the absence of the controversial CPP framework document, which Cummings is accused to have altered.
One of state prosecutors and Solicitor General of Liberia, Saymah Syrenius Cephas filed an application in court that the former Vice President Boakai and the Unity Party Secretary General could not testify to photocopy document, until the original copy of the CPP framework document is brought to the Monrovia City Court, even the photocopy of said document is at the court.
Following this application by Cllr. Cephas, he made an application praying to court to issued Subpoena Dues Tecum and Subpoena Ad Testificandum on the National Elections Commission chairperson Davidetta Brown Lasannah to appear in court with the document mentioned above on Wednesday, May 4,2022.
This is the second subpoena issued for the original copy of the CPP framework document, which was earlier brought in court last week by the political officer Enesia Wesseh at the NEC. He was again subpoenaed over the weekend to come back with said document but he was nowhere to be found according to sheriff returns read in court.
He could be found to serve the subpoena on him for the second time, the court therefore issued the subpoena on his boss Davidetta Brown Lasannah.
Former Vice President Boakai’s arrived at the court with a huge entourage.
He was taken to one of the Supreme Court offices to have a rest until when he is call upon to testify but unfortunately, he couldn’t testify due to the absent of the original CPP framework document.
Also the All Liberian Party political leader, Mr. Benoni Urey was also seen escorting the former Vice President including some partisans of the Unity Party.
In Resisting the submission made by one of state lawyers, defense lawyer Cllr. Abrahim Sillah requested court to deny and dismiss the application for the factual and legal reasons to writ.
The submission as made is not in tandem with best evidence rule because pursuant to a subpoena issued by your honor which was prayed by prosecution was served and return served on the NEC political affairs officer, Enesia Wesseh and the original copy of the subject matter was produced, testified to, identified to and confirmed and marked by court as P/14. And at the production of said document, the prosecution interposed no objection for the NEC request for the original copy to be returned.
Defense lawyer Sillah further said that the issuance of another subpoena is no more about the availability or unavailability of the original copy of the CPP framework document because the original copy of the CPP framework document was produced and marked by this court.
Cllr. Sillah said the action of prosecution to request for another subpoena, it is a well plan and calculated attempt to delay these proceedings and to delay justice adding that the best evidence rule cited by prosecution doesn’t apply under this circumstances.
The defense maintained that state witnesses don’t necessarily need the original copy of the CPP framework document when the photocopy is available and marked by court.
He therefore, prayed court to deny and dismiss the unreasonable request made by state prosecution to who prayed to issue another writ of subpoena Duces Tecum and Subpoena Ad testificandum on the NEC boss when said document has been testified to in court.
Meanwhile, Monrovia City Court Judge, Jomah Jallah has granted prosecution request and orange the clerk of court to issue the subpoena Duces Tecum and Subpoena Ad testificandum on the NEC boss, Davidetta Browne-Lansanah to appear with the original copy of the CPP framework document.
The Judge ordered the NEC boss to appear in court this Wednesday, May 4,2022 on grounds that state witnesses can only testify to photocopy document when the original is missing or the possession of the adverse party.
Furthermore, an additional five lawyers were added on state prosecutors and they include Cllr. J. Johnny Momo, Cllr. Augustine Fayiah, former Chief Justice Glorious Musu Scott, Cllr. Dr. Mohammed Sheriff and Cllr. Cole Bargalu.
Also, a permanent political figure present was Alaric Tokpa including District #10 lawmaker Yekeh Kolubah.
Cllr. Johnny Momo said, since the defense lawyers has been complaining that the case is taking long and they have gone five now, he Cllr. Momo along with his colleagues have arrived to end the case expeditiously.