By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- The Judge of the Criminal Court ‘C’ at the Temple of Justice in Monrovia, Yamie Quiqui Gbeisay, Sr. has sentenced former Defense Minister J. Brownie Samukai and his Deputy Joseph Johnson to two years in jail on corruption charges, but the jail term has been suspended.
Samukai was the longest serving cabinet Minister in the 12-year-old administration of former President Ellen Johnson Sirleaf. He and two other officials were convicted on March 24, 2020.
For the Former Defense Ministry Comptroller, James Nyumah Dorkor was given a six months sentence.
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.
The three defendants were recently brought down guilty by the Criminal Court ‘C’ for multiple crimes including Misuse of public money, a felony of the first degree, Theft of Property for US$1.3 million, a felony of the second degree and Criminal conspiracy.
But in sentencing the convicts on Thursday, April 23, 2020 in Monrovia, Judge Gbeisay said the court is suspending the sentence provided the former Defense Ministry officials decide to restitute the whole amount or substantial portion of the amount of the judgement within six months. And the balance is stipulated to be restituted within twelve months as of the ruling.
The failure of former Minister Samukai and the two others to do same, the Judge said they shall serve the full two years sentence.
According to court ruling, though co-defendant James Nyumah Dorkor elected to reserve the right to the privacy of his health status, “this court says considering his physical condition and his minor role in the commission of the crime, is hereby sentenced to six months Imprisonment; which six (6)months sentence is also hereby suspended, provided he restitute his share of the judgement sum in whole or in substantial part in six(6) months and file a stipulation to pay the balance in twelve (12)months; failure of which he shall serve the full six months in common prison and make restitution.”
Pursuant to an indictment charging the Defendants, J. Brownie Samukai Jr., Joseph P. Johnson and James Nyumah Dorkor for various crimes, the court said following a regular trial, adjudged all three Defendants guilty of the crimes of misuse of public money, a felony of the first degree, theft of property for 1.3 million United States Dollars, a felony of the second degree and Criminal conspiracy.
The sentencing of the three Defendants by court was done under Chapter 50.5 and Chapter 15, section 15.4 of the penal law, misused of public fund is a felony of the first degree with a maximum prison term of ten(10) years, while theft of property in which the value of the property exceeds 50,000.00 is a second degree felony with a maximum of five(5) years respectively.
However, the court ruling said the minimum term of imprisonment not being stated, it is presumably left within the sound discretion of the trial court, giving due consideration to the fact and circumstances of the commission of the crimes and the Defendants previous records.
The final judgement of the Criminal Court ‘C’ orders the restitution of USD 687,656.35 to the AFL retirement funds and USD 460,000.00 to the government of Liberia account and further orders the probation services division of Montserrado County, to conduct a pre-sentence investigation of the Defendants conduct and file its report to the in fourteen days in obedience to Chapter 31.5 of the Criminal procedure law.
Said report was filed to the Clerk of Criminal Court C, the synopsis of which indicated that it found no previous Criminal record against any of the Defendants herein; but concluded that the crimes as charged and proven by the state post a security threat to the nation, considering that the money, subject of the crimes, are for men and women of the AFL.
Meanwhile, the state/prosecution lawyers have taken exception to the sentence of the Defendants. When the guilty verdict was handed down last month, the defense lawyers took exception and announced that they would be taking an appeal to the Supreme Court of Liberia.
But they said nothing can be done because the state cannot take an appeal before the Supreme Court.
The defense lawyers headed by Cllr. M. Wilkins Wright also announced an appeal before the Supreme court saying the lower judge made an error in both the guilty verdict and the sentencing.
In his guilty verdict on March 24, 2020, Criminal Court C judge Gbeisay the said there was not been sufficient evidence to convict the former Defense officials of the crimes of Money laundering and Economic Sabotage.