After Gov’t Refused To Return US$200K Received From Cocaine Defendants, Files Appeal To Full Bench Of The Supreme Court
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- The Liberian government has failed its first attempt to get the Supreme Court’s Justice in Chambers to issue a pre-emptory writ against the Judge of the Criminal Court “C”, Blamo Dixon in the aftermath of the not guilty verdict by the Jury in the US$100 million cocaine case, amid a row over the release of US$200 thousand from the freed defendants.
Preemptory writ, according to legal dictionary, “peremptory writ of mandate (or mandamus) n. a final order of a court to any governmental body, government official or a lower court to perform an act the court finds is an official.”
Earlier, the Liberian government through the Justice rejected a decision by Judge Dixon to return the controversial US$200,0000 to the four persons who were recently acquitted in the cocaine case. The four have since been reported to have left Liberia.
But Justice in Chambers Yamie Gbeisay has declined to issue the pre-emptory writ on grounds that it has no merit.
The decision of the Justice in Chambers was taken today, Wednesday, May 24, 2023 during a conference at the Temple of Justice, seat of the Liberian Judiciary.
But the Justice Ministry has excepted to the ruling of the Justice in Chambers and has taken an appeal to the full branch of the Supreme Court of Liberia.
The defendants in the huge cocaine case were Thursday, May 182021 been found not guilty by the empaneled Jury of the Criminal Court “C” in the Liberian capital.
This case, which is said to be Liberia’s biggest narcotic drug case, resulted from the TRH Trading shipment of the drugs from Brazil to the country, with the jury finally handing down their verdict.
Four persons were indicted by the government in connection with the shipment of the cocaine and they have been tried on multiple charges including criminal conspiracy, money laundering, unlicensed possession of controlled drugs and unlicensed importation of controlled drugs.
Gov’t petition for pre-emptory Writ
Regarding returning the confiscated money to the defendants, the government raised the contention though a writ of Prohibition asking the Supreme Court to place a stay order on the release of the money to the four individuals.
According to the government, US$113,000 was allegedly confiscated from one Gustavo Henrique, who was tired by the government in absentia.
However, during his instruction to the jury who found the defendants not guilty and the prosecution claimed that judge Dixon said that if the Jurors returned with a ‘Not Guilty’ verdict, the US$200,000.00 taken from the defendants will be immediately returned.
In the petition, they say that Judge Dixon order is erroneous because it is not in his purview to issue such order. Moreover, the amount in question
does not belong to any of the defendants that were acquitted as it was provided by Gustavo Henrique to purchase a container according to Malam Conte one of the acquitted defendants.
According to the government, they reduced the amount from US$200,000.00 to US$113.000 which was the actual amount that Petitioner received and deposited at the Central Bank of Liberia and a copy of the confirmation of the deposit of the amount (US$113,000.00) is in their possession.
However, they claimed that the actual money on the indictment was 200k United States dollars but according to the government, after thorough investigation they realized that the money was 113,000 contrary to what the indictment had.
The petition maintained that as a consequence of his charge, the Trial Jury returned with a ‘NOT GUILTY’ verdict for the four crimes, namely: Money Laundering, Unlicensed Possession of Controlled Drugs, Unlicensed Importation of Controlled Drugs and Criminal Conspiracy, thereby acquitting defendants Malam Conte, Adulai Djibril Djalo, Makki Ahmad Issam and Oliver A. Zayzay.
Petitioner explained that Judge A. Blamo Dixon in announcing the verdict of the Jury and the acquittal of the defendants of the charges on Thursday
May 18, erroneously ordered the State to return to the defendants, the amount of US$210,000.00(Two Hundred Ten Thousand United States Dollars) to which order Petitioner excepted to and gave notice to take advantage of the statute.
“The minutes of Court of April 13, to form a
cogent part of this petition. Gustavo Henrique absconded from Liberia upon learning of the arrest of Malam Conte on October 1, 2022, and was
never brought under the jurisdiction of the court. Petitioner says that assuming but without admitting that the State is to return any money, it has to be based upon a process initiated by Gustavo Henrique,” petitioner noted.
Petitioner says Judge Dixon erred in that the court had already been put on notice the amount received by the Ministry of Justice which was deposited at the Central Bank is US$113,000.00 and not US$210.000.00.
Petitioner also said a Writ of Prohibition is a special proceeding to obtain a writ ordering the respondent to refrain from further pursuing judicial action or proceeding specified here. (See Chapter 16 Section 16.22 of Civil Procedure Law).
Petitioner said prohibition will also lie to stay the procedural mishap and the unlawful conduct of Judge Dixon and the order emanating therefrom on