By Garmah Never Lomo,garmahlomo@gmail.com
The prosecuting attorneys at Liberia’s Justice Ministry are said to be playing delay tactics by repeatedly asking the Criminal Court for more time, in the long-running stable mining case that started during the Ellen Johnson Sirleaf’s regime.
Those indicted and on trial are Senator Varney G. Sherman, former House Speaker Alex Tyler, former National Investment Commission (NIC) Chairman, Dr. Richard Tolbert, former Mines and Energy Minister Dr. Eugene Shannon, E.C.B. Jones, Christopher Onanuga, Andrew Groves, and Klaus Piprek of Sable Mining, as well as Senator Morris Saytumah and Mr. Willie Belleh.
In the first day sitting of the reconvened case and the 21st days jury sitting,, State Prosecutors on Wednesday June 5, 2019 requested the court for continuance (postponement), which was later granted by the court.
Among other things, the prosecution informed the court that the reason for the continuance was against the backdrop that the Aid Memoir that was drafted as the way forward in this proceedings was forwarded to the Ministry of Justice for review, because of the state of affairs in the country, whereas the Ministry of Justice was unable to review the instruments. This was after an earlier request by the prosecution for more time.
Again, prosecution further submitted that after the June 7 peaceful demonstration, the Ministry of Justice is still grappling with the aftermath of the June 7 peaceful demonstration. As a result, it was said that the said instruments are yet to be reviewed by the Ministry.
According to them, the cardinal objective of the Aid Memoir is intended to inform and prepare prosecution as to the way forward being fully cognizant that the proceedings commence as far back as 2016. And the state prosecutors further said that this case is before this court on a trial De novo and if prosecution is to take a different course of action, its reliance would be on Aid Memoir and they therefore asked the court to continue the case on Monday June 17, 2019.
The matter was before the Supreme Court September last year. The highest court in the land ruled that the lower court should resume the case. But the prosecution earlier on filed that they wanted new trial on ground all materials and witnesses used are out of bailiwick of Liberia and it was granted.
Interestingly, the application by one of counsel for defendant Emmanuel B. James said the submission made by prosecution is illegal, for which reason it should be denied and the matter ordered proceeded with in the interest of justice and fair play.
Cllr. Jamea recounted that similar application had been made over and again and the prosecution has taken no step to commence the production of evidence and witnesses.
Meanwhile, Criminal court C judge Peter W. Gbeneweleh said when the case was called for hearing, the prosecution for the third time, prayed the court for continuance on Monday, June 17, 2019. They made the call on grounds that Aid Memoir drafted by the Ministry of Justice will determine the next course of action in the case.
The Judge said prosecution assured the Court that request for continuance will be the last and that Ministry of Justice will determine the next course of action during the period of continuance; and this matter will be proceeded with according to law and counsels for defendants resisted strongly but prayed the court to use it discretion.
The Court says it is in full agreement that counsels for defendants that their clients who are also citizens of Liberia, are entitled to speedy trial, as enshrined in the Liberia constitution.
However, the Court has said it will hold the Ministry of Justice to the last request for continuance; even though the reason or reasons of the continuance not supported by law but granted the application of continuance and to be heard on Monday June 17, 2019 at 9am.