Liberia: US$135K Theft Convict Actually Released on Medical Grounds
Judge T. Ciapha Carey, Resident Judge, 11th Judicial Circuit Court in Bomi County
Documents obtained from the 11th Judicial Circuit Court in Bomi County have established that Judge T. Ciapha Carey released a convicted Ghanaian national Abdul Razak Kawarnu on medical grounds, instead of what was earlier reported in the Daily Observer’s Thursday, September 21 edition under the caption: “Judge Carey Releases a US$135K Convict for US$500, Leaves the Judgment Creditor in Limbo.”
According to the court records, Kawarnu was convicted by then Judge Peter Gbeneweneh on October 12, 2022, and sentenced to prison, but his sentence was suspended due to Kawarnu’s ill health condition, and the court ordered immediate restitution of 25% of the judgment amount of US$135,000, totaling US$33,750.
Kawarmu was convicted for scrapping a D-8 Yellow Machine valued at US280,000, belonging to the Horizon Company, owned by Hans Armstrong, a British national.
According to the court records, the convict, Kawarnu, was released after the Ministry of Justice, through Bomi County Attorney Jomah Karnley, wrote to the court in May 2023, providing detailed information relating to the seriousness of Kawarnu’s illness that required further medical treatment.
Judge Carey, on March 7, 2023, enforced the court’s judgment by arresting and incarcerating Kawarnu at the Tubmanburg Central Prison after he failed to make the 25% payment, for which the sentence was suspended, the record noted.
The judge’s decision was also due to the withdrawal of the Sky Insurance Company that had provided the criminal appearance bond, which prevented the court from enforcing the sentence portion of the judgment.
According to the document, Judge Carey took into consideration the county attorney’s letter emphasizing the illness of Kawarnu, and it was Karnley who requested two sureties to guarantee the release of Kawarnu and subsequent compliance with the judgment.
It was based on the county attorney’s request that Kawarnu’s lawyers submit the names of James G. Foday and Paulina Karpeh, the court records said.
It was Foday and Paulina Karpeh who wrote a promissory note on May 30, 2023, detailing the payment of the 25% as demanded by the judgment.
The sureties also agreed to ensure that, as of July 2023 to December 2023, they would have completed the 25% payment, which is about US$33,750, the court documents added.
The promissory note, according to the records, was approved by Judge Carey, which led to the release of Kawarnu, the court documents noted.
According to the court records, on August 22, 2023, Foday made a cash deposit of US$500 as advance payment for the 25% (US$33,750) of the judgment amount of US$135,000.
The money was paid directly to Major Nah T. Weagba, County Sheriff of Bomi County, an employee of the Ministry of Justice.
Defendants, Isaac Kollie, Abdul Razak Kawarnu (the Ghanaian national), Bobby Dunor, Amos Sando, and Abraham Adams were arrested and charged by officers of the Liberia National Police (LNP) assigned to Bomi County in connection to the scrapping of a D-8 Yellow Machine valued at US$280,000 that was parked in Malama Town, Senjeh District, Bomi County, belonging to the Horizon Company, a company owned by Armstrong, a resident of Monrovia.