By Peter Toby, tobypeter71@gmail.com
Former Liberia President Ellen Johnson-Sirleaf and some publishers of local media institutions are to appear in Court to testify in connection with the over half a million US dollars Sable Mining Bribery case.
The government of Liberia last week agreed with Grand Cape Mount County Senator Varney Sherman and seven others who are facing criminal prosecution for bribery at the Criminal Court ‘C’ at the Temple of Justice to allow the appearance of the former Liberian leader and the other publishers.
This follows an application from those indicted—Senator Sherman, former House Speaker Alex Tyler and others- to the Court for a Writ of Subpoena against former President Sirleaf and some publishers.
In February 2016, one of the potential witnesses, the controversial mining entrepreneur, Andrew Groves issued a statement to announce that he and Sable Mining, now renamed Consolidated Growth Holdings, have been completely acquitted by the Liberian government.
According to a statement a “comprehensive review by the Liberian authorities” into the indictments. Giving the impression of quoting directly from this purported review, the statement claimed it had concluded Sable Mining and Andrew Groves had not ‘in any form, manner or shape, interacted with any public official within the Liberian government’s circle in an improper or illegal manner’ in respect of their business activities in the country.”
But subsequent investigation conducted by Global Witness, released Sunday, April 15, 2018 showed the contrary.
Grand Kru County Representative, Cllr. Fonati Koffa, who chaired the Special Presidential Task force set up by former President Sirleaf and operated until January 2018, said the claim by Groves is untrue.
“This is a blatant and utter lie,” Koffa said, adding, “there is no comprehensive investigation I am aware of that exonerated these people. As former chairman of the Task force I would have been notified, as no other body would have been clothed with the authority to conduct such a review,” GW wrote in its report.
The latest Criminal Court ‘C’ Writ is to compel their appearance in Court to provide evidence in their case as provided by Chapter 14, Section 14.1 of Civil Procedure Law of Liberia.
The law states “a Subpoena may require the presence of a person to give testimony or to produce books and documents as well as other things.”
The Assistant Justice Minister for Litigation at the Ministry of Justice Cllr. Wesseh A. Wesseh made the government position clear on the minutes of Court to compel the former President and others appearance by interpose no objection to the request of those indicted.
Cllr. Wesseh maintained that it is right of the indictees or defendants to bring as much witnesses they want, in order to prove their innocence, as such they were not going back said request as provided by law.
The Assistant Minister for Litigation’s submission to the Court has compelled Judge Bioma Kontoe to grant the Indictees in this bribery case motion to compel the former Liberian Leader and some journalists in Court.
They are to provide evidence in their criminal proceeding at Criminal Court ‘C’ during the February Term of Court in 2019.
The intent of the Indictees’ application is to seek verification from the former Liberian leader as to whether they (indictees) inserted changes in the 2005 Public Procumbent and Concession amended Act in 2010 in favor of Sable Mining in order to get mineral rights to the Wologizi Mountains without a bid.
As for the publishers of Media Institutions, the indictees’ claims that they ran several articles that vindicate them from the Sable Mining allegedly bribe which they were indictment for by President Sirleaf’s administration in the 2016 May.
But it remains unclear as to whether the former Liberian leader will appear in Court as Article 61, of the Constitution of Liberia prevent her from any judicial action.
The law states: “the President shall be immuned from any suit, actions, proceeding, judicial or otherwise and from the arrest, detention or other action on account of any act done by him/her while President of Liberia. Pursuant to any provision of this constitution or any other laws of the Republic.
“The President shall not, however, be immune from prosecution upon removal from office for the commissions of any criminal act done while President.”
The Sable Mining Bribery case will resumed next year during the February Term of Court at the Criminal Court ‘C’.