PHOTO: The check being displayed before being presented to the court
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- The first payment has been made towards Armed Forces of Liberia (AFL) soldiers’ pension money the Criminal Court C convicted former Defense Minister Brown of stealing.
The payment came on Tuesday, March 23, 2021, after the Ministry of National Defense responded designating a specific bank for the AFL soldiers’ pension money. Sympathizers, Friends, well-wishers, some citizens of Liberia County including some friends Browne Samukai from the diaspora made an initial contribution of USD 10k check to the Criminal Court C.
Making the presentation on behalf of the groups, Lofa County former Superintendent Galakpai Kortimai said after the Supreme Court withheld the lower court ruling, they who believed in Browne Samukai decided to do a rally on behalf of their Senator elect in restituting said portion of their kinsman.
The payment was done through check at the Criminal Court C through lawyers representing Browne Samukai who onward turned it over to the court sheriff.
According to Mr. Kortimai some friends, sympathizers, and we’ll wishers from the diaspora made their contribution but due to their different locations and their respective banking system, which made it difficult to have added their contribution to the USD 10K but promised that it certainly be part of the next payment.
Mr. Krotimai
According to Mr. Kortimai some friends, sympathizers, and we’ll wishers from the diaspora made their contribution. But he said due to their different locations and their respective banking system, which made it difficult to have added their contribution to the USD 10K but promised that it certainly be part of the next payment.
Mr. Kortimai said they are only responsible to pay their kinsman owner portion of the money and they will the reminder of the money on weekly and monthly basis.
He said that Lofa County is bleeding due to the absent of their Senator elect and called on the NEC to corporate with the Supreme Court mandate as they are doing.
For his part, the lead lawyer of Browne Samukai, Cllr. Alfred Sayeh indicated that now that his client Samukai is complying with the Supreme Court mandate, he expects all mandate of the Supreme Court to be obeyed.
Cllr. Sayeh also called on the NEC to respect the Supreme Court mandate as his client is also doing by certificating his client without delay.
He lauded the friends of Browne Samukai to their initial support to the payment of the AFL pension money.
The check was given after a response to a communication written from the Criminal Court C at Temple of Justice to the Ministry of National Defense to designate a bank for the payment of the AFL pension money, which CPP candidate Browne Samukai and his deputies were convicted for, the Ministry has designated Ecobank for the payment.
The communication from the Ministry of National Defense was sent to Criminal Court C on Monday March 22, 2021, in response to court request.
It is now clear that any moment, the payment of the AFL pension money can commence into the designated bank account given by the Ministry of National Defense.
It can be recalled on Thursday March 18, 2021, convict Browne Samukai through one his lawyers Augustine Fayiah informed Criminal Court C that his client is ready to start the payment of the AFL pension money.
Following his pronouncement on Thursday March 18, 2021, Criminal Court C at the Temple of Justice wrote a letter to the Ministry of National Defense Minister to
designate a bank account to which the money can be deposited.
According to Samukai’s lawyer Cllr. Fayiah the payment will be done through check but the moment, Criminal Court C is awaiting respond of their letter from the Ministry of National Defense about the designated bank before the payment of the money can start.
Even though he didn’t state the amount to be deposited as an initial payment but it will be known when the payment commences.
On February 8 of this year, the Supreme Court ruled and upheld the ruling of Criminal Court C with modification mandating that convict Browne Samukai and his deputies should pay back the AFL. And each of them was sentenced to two years but suspended sentence and said if they fail to pay the money, they will be placed into common jail.
Here are details of the Criminal Court C Ruling:
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 transfers, 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.