Criminal Court prevents ex-Pres. Sirleaf from being called to testify
-In Sable Mining case and rejects Compulsory Writ of Subpeona Duces Tecum, Ad testificadum
By Never G. Lomo, garmahlomo@gmail.com
The Criminal Court ‘C’ at the Temple of Justice in Monrovia has rejected defense counsels’ application for a compulsory writ of subpeona duces tecum and Ad testificadum on former President Ellen Johnson Sirleaf in the ongoing Sable Mining bribery case involving Senator Varney Sherman and former House Speaker Alex Tyler.
According to the Court’s Judge, Peter W. Gbeneweleh, the official instruments are not the private documents of former President Sirleaf to be in her personal possession of the original after her tenure in January 2018.
The Court said on July 1, 2019, the draft Law and the Amendment restatement of the PPCC Act of 2010, approved September 16, 2010 and published September 18, 2010, were marked and confirmed without any object by prosecution and those instruments are before the court for the Judge and Jury De facto to give them credibility in determining the matter.
This means that the prosecution conceded the authenticity of these instruments and the court notes that the Presidency of the Republic is not limited to an individuals. That is, he said former President Sirleaf received the enacted law from the Legislature and approved same on September 16,2010, which was printed into Handbill/law on September 18, 2010.
The original copy of the both the final draft of 2009 and enacted law of 2010 were within the Office of the president of the republic of Liberia.
In resisting the said application, prosecution vehemently resisted the application made by counsel of the defendants in consideration of the factual legal reasons,
That prosecution says and submit that the application spread on the minutes of the court, was made in bad faith as the said instruments which is now the subject of the writ of subpeona Duces and Ad tesrificadum are the said instruments that were submitted into evidence during the production of evidence by prosecution and the defense.
State prosecution further said to be praying for said instruments, which have already been marked and presented into evidence by the defense, is only intended to delay the proceedings.
And the prosecution also said and submitted, that Article 61 of the constitution of Liberia immunes the president of the republic of Liberia from any action otherwise, while he or she was serving or occupying his or her office at the time.
Prosecution therefore requested the court to deny, reject and dismiss the said application as the said application is intended to draw wedge between the evidence adduced by prosecution, which has already been admitted into evidence.
The prosecution further argued that such a thing would also bring the former President of the Republic of Liberia into public disrepute and if court grant such application, same will be in a complete violation of the organic law which is the constitution of Liberia.
On the second day of his testimony, Senator Varney Sherman said the charges against them is a witch hunt, a political vendetta by a woman whom Alex Tyler and he senator Sherman fought in this country to get her re-elected as President of Liberia by agreeing to the merger of his own political party, the Liberia Action Party (LAP) with her Unity Party so that she would be strong enough for re-election. And he further said that she did not even discuss the accusation of the Global Witness’s reportage with them, even though he was the National Chairman of the Party and Alex Tyler was the third highest person of the governance of the country.
He said they call this a political witch hunt because at the time the publication of The Deceivers by Global Witness, former president Sirleaf and former Speaker Tyler could not see eye to eye; she eventually forced his resignation.