PHOTO: Former Minister Samukai leaving the Criminal Court ‘C’ Tuesday morning
By Garmah Never Lomo, garmahlomo@gmail.com
The Criminal Court ‘C’ at the Temple of Justice in Monrovia has today, Tuesday March 24, 2020 found former Liberian Defense Minister, Brownie J. Samukai and his deputies guilty of corruption.
But Defense Lawyers have taken exception to the ruling and have announced that they will file Appeal to the Supreme Court of Liberia.
Mr. Samukai has been facing trial for the alleged misappropriation of some US$1.3 million. His leadership of the Armed Forces of Liberia had received huge amounts for the AFL’s Compulsory Contributing Fund, which the Government of Liberia had sent to the Ecobank Liberia, Ltd. It included US460,000.00 in addition to US$687,656.35, making a total sum of US$1,147,665.35.
But the Court, presided over by Judge Yamie Gbeisay, said there has not been sufficient evidence to convict the former Defense officials of the crimes of Money laundering and Economic Sabotage.
The former Defense Minister, former Deputy Defense Minister Joseph P. Johnson and former Comptroller Nyumah Dorkor in the former Ellen Johnson Sirleaf government were brought down guilty of two of the multiple criminal charges—Criminal Conspiracy, Theft of Property and Misused of Public money.
“Wherefore and in view of the foregoing,” the Criminal Court’s Ruling says they “are hereby adjudged guilty of the crimes of Theft of Property, Misuse of Public money and Criminal Conspiracy. The defendants are hereby ordered to restitute the amount of US$687,656.35 to the AFL pension Saving account and US$ 460,000.00 to the government of Liberiaaccount, making a sum of US$1,147,665.35.”
However two other charges against Samuka and the two others could not be proven. Therefore, Judge Gbeisay in his ruling said:
“This court having not seen enough evidence of Economic Sabotage and Money laundering, the both charges are hereby ordered dismissed.”
Meanwhile, the court says the sentence against former Minister Samukai and the two other former Defense Ministry officials “will be pronounced pending pre-sentence investigation in obedience to Chapter 31, section 31.5 of the criminal procedure law.”
The Clerk of the court has therefore been ordered to communicate with the probation service of Montserrado County to proceed to conduce pre-sentence investigation of Samukai et al to report back to the court within the next 15 days.
In his ruling, Judge Gbeisay said: “The the defendants attempted to grab a straw, when they vehemently argued that the prosecution having admitted that the money subject of the crimes is a private money, misused of public money as charged in the indictment should be dismissed. This count is at lost with that absorb contention.”
But the Judge went on to define what the Penal Law of Liberia says at section 51.81 about what constitutes misused of public money.
“A person is guilty of first degree felony, if he a….b…(c) disposes of, uses, or trnsfers, any interest in property which has been entrusted to him as a fiduciary, and in his capacity as a public servant or any officer of an institution, in a manner he knows is not authorized and that he knows will involve risk of lost or detriment to the owner of the property or to the government of Liberia, or other persons for who benefits the property was entrusted,” the Judge quoting section 51.81 of the Penal Law of Liberia.
Former Minister Samukai and the two other former Defense officials have been represented in the trial by Cllr. G. Wiefueh Alfred Saye, Cllr. J. Augustine Toe and Cllr. Ruth Jappah.
The defendants pleaded not guilty to the charges in the indictment. Mr. Samukai said:
“The Ministry of National defense authorized the expenditure of funds from this account on the soldiers’ welfare without the requisite consent of the AFL high command; and that all monies spent on military personnel welfare should not have been handled by and through the government normal budgetary appropriation and not from the AFL account.”