Temple Of Justice
Court “C” Grants Prosecution Request For Continuance
By Ballah M. Kollie
MONROVIA, April 3 (LINA) – Criminal Court “C” Judge Yamie Quiqui Gbeisay Monday ruled granting a submission for continuance in the Sable Mining multiple charge case being tried at the court.
A continuance is a call for the postponement of a hearing, trial or other scheduled court proceeding at the request of either or both parties in the dispute or by the judge.
Ruling on the motion for continuance Judge Gbeisay said despite the lack of any legal basis nor substance for which the trial should be rescheduled for Tuesday, “this court will bend over and backward to grant the prosecution’s request and that defense resistance though supported is hereby noted and the resistance not sustain.”
Following the usual representation a formality that begins the hearing of the case, state prosecutors represented by Cllr. Theophilus C. Gould said further steps being condition on the judge’s ruling on the motion to rescind his decision to temporarily mark email and spreadsheets evidence adduced by the state, the state wants the proceedings rescheduled for Tuesday same being after ruling on the submitted motion.
Cllr. Gould maintained that the request is in good faith and was not meant to delay the trial rather in the interest of justice.
It can be recalled that prosecution lawyers on Monday, March 20, petitioned Judge Gbeisay to rescind his decision that calls for the temporary marking of some emails and spreadsheets until the testimony of Heine Van Niekerk whom they said gave them the pieces of evidence.
Filling their individual resistance to the State’s submission, lawyers declared the submission as one that lacks legal basis and substance and that the submission was made in bad faith and only intended to baffle justice in violation of the respective defendants and therefore call for the continuation of the trial.
Counselor J. Johnny Momoh, Amara Sheriff and Attorney Mameita Jabateh-Sheriff are representing the interest of former Speaker J. Alex Tyler while Co-Defendant H. Varney G. Sherman, Morris Saytumah, Eugene Shannoh, Willie Belleh, Christopher Onanuga and E.C.B. Jones continue to be represented by Counselors G. Moses Paygar, Cyril Jones, Albert Sims, Luther Yorfee, F. Musa Dean, Emmanuel B. James and Attorney Ousman F. Feika.
Co-Defendant Richard Tolbert is represented by Counselor Saymah Syranius Cephus and Edwin K. Martin while the state is represented by Counselors Theophilus C. Gould, Arthur T. Johnson, Mamee S. Gongba, Othello S. Payman, Montserrado County Attorney J. Darku Mulbah, and Attorney Margret Nigba and Kunkunyon Wleh Teh.
The defendants are being tried for allegedly receiving bribes in the total amount US$950, 000.
The charge ranges from Bribery, Criminal Facilitation, Criminal Solicitation, to Criminal Conspiracy and Economic Sabotage.
It all began in May 2016 when the Global Witness release a report alleging that some current and former officials of the Liberian Government took bribe to amend a section of the Public Procurement and Concessions Commission Act to favor Sable Mining.
Meanwhile, Judge Gbeisay will Tuesday pass on the motion to rescind his decision on the email and spreadsheet as filed by the state.