By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Criminal Court ‘A’ Judge Roosevelt Z. Willie has subpoenaed the Liberia Revenue Authority to appear in court and testify to the validity of the bail bond filed by the property owner Patrick J. Cole.
Judge Willie decision came as the result of government lawyers requesting the court to order the LRA to appear with some documents following series of questions asked to the bond giver relating to tax clearance and value of said property.
“This Court says having ruled for the Liberia Revenue Authority (LRA) to be subpoenaed to come and testify as to the validity of the bail bond filed by the Witness, cannot call for final arguments now, and therefore, the Clerk of this Court is hereby ordered to subpoena ad testificandum to the validity of the documents filed by the Witness” Judge Willie ordered.
He Further, the LRA shall submit the document and come forward to testify on Monday, August 18, 2025 at 11:00am prompt. All parties being present, today’s minutes serves as Notice of Assignment.
The Witness while on cross examination was asked, Mr. Witness, in furtherance of the Prosecution exception to your property valuation bond, the Prosecution subpoenaed the LRA to speak to the validity of your tax demand notice number 030398417 and your tax payment receipt dated February 27, 2025, the LRA have written this Court and stated that which contradicts what you have said concerning the validity of the two documents referenced, what do you have to say? This question was objected to by the defense team.
Ruling on the above question, Judge Willie said, While the Witness is on the stand, he was asked both on the direct and cross examination concerning the payment of taxes on the property he has posted for bond. The Witness answered that he paid taxes for the estate specifically the one that has been posted as bail bond and obtained clearances from the LRA for 2025, he was further asked concerning the numbers 030398417 and tax payment receipt number 598471, and the Witness stated in the affirmative that those were numbers on the receipt and other documents that he obtained from the LRA so, if the cross examiner has anything on the contrary is not for this Witness to answer that the LRA what they sent here is true or not is not for this Witness to answer.
And we have said continuously if you believe as the cross examiner as someone who is alleging fraud, he must prove it and so this Court will rule sustaining and overruling. The Court will sustain on the fact that he is not the best evidence to answer that question and the Court will overrule on the fact that he has indeed presented evidence to that question; meaning that, they are not introducing extraneous matter because this Witness has answered to it. So, while are we saying, the Witness is not the one to state that that document is fraud or not because it is the Prosecution who is to prove fraud and not this Witness.
Continuing their cross examination, prosecution further asked Mr. Witness, you testified to this Court on the cross that the instruments attached to your bond including the Property valuation, the real estate tax demand notice and the tax payment receipt dated February 27, 2025, which you relied on to file this bond are all correct to the best of your knowledge, do you confirm that statement? This question was also objected to by the defense counsels but it was overruled by the Judge.
However, Judge reserved the date for final argument into the prosecution motion of exception for the defendants bail bond still the LRA appear and testify to the validity of bond.
Prior to the commencement of this hearing, early Wednesday, August 13,2025, defense filed a motion requesting the court to strike and ignore prosecution motion of exception to the bail bond on grounds that majority of the prosecutors are not licensed lawyers which is against rule five of the rule of court.
Rule 5 of the general rule of court states:
The deadline for lawyers and law firms to obtain annual licenses to practice law and to operate law firm is the Second Monday in March of each year. After this date no lawyer who has not obtained his/her annual license, for the year shall be permitted to practice before any court, or before any administrative tribunal, or any agency of government directly or indirectly nor will a lawyer who has not paid his/her annual dues of the Liberian National Bar Associationup to the Second Monday in March of each year be permitted to practice before any court of the Republic of Liberia. The judge of the court may require exhibition and registration of evidence showing Compliance with this rule.
In response to the application made by the defense, prosecution headed by County Attorney Richard Scott Jr. says, majority of the prosecution who signed their motion of exception to the defendants’ bail bond are licensed and have a good standing with the Liberian National Bar Association.
Ruling on the defense application that majority of government lawyers are not licensed and not having good standing with the Bar, Judge said, the Bar is inconsistent when it comes to lawyers obtaining their licenses. He said, for ex. If the Bar would have said, from March 2024-2025, it specific but this case, the Bar according to him, said, the listing will be updated as lawyers pay for their licenses. Therefore, the prosecution cannot be held for that.