Brosius: “I am Entitled to Ducor Petroleum's Financial Records at LBDI”
Brosius argued that it would be appropriate for the three-judge panel to mandate the LBDI to submit to them several important records.
Following nine (9) years of legal wrangling between the shareholders of Ducor Petroleum Incorporated, Amos Brosius and the Monrovia Oil Trading Company (MOTC),where it is said that US$3.3million disappeared from the company account at the Liberia Bank for Development and Investment (LBDI), the Brosius' party has requested the Commercial Court, where the case is pending to subpoena the bank for the records.
In his request to the court that was transmitted through a communication, dated August 13, Brosius argued that it would be appropriate for the three-judge panel to mandate the LBDI to submit to them several important records.
Shortly after submitting his letter to the Commercial Court and copy to the office of the Chief Justice Francis Korkpor, Brosius spoke with journalists outside of the courtroom, where he claimed that his lawyers were threatening to abandon the case due to his failure to pay their legal fees.
It is unclear as to whether the three-judge panel would decide to honor the letter since it was written by Brosius himself and not any members of his legal team, because the lawyers are protesting the prolonged delay of Brosius to settle their nine years of legal services.
Brosius’ letter named the statement of account of Ducor Petroleum, account #0221215153401 and all the records of transactions (withdrawal, deposits,transfers) that are from the accounting period from July 15, 2013 up to and including August 15, 2021.
Since two members of the three judge panel, including Judge Othello S. Payman and Ad Hoc Judge Roosevelt Z.Willie, were new to the case, Brosius’ letter suggested that it would make them to be fully aware of the status of the account that was ordered frozen by the Commercial Court through its Chief Judge Eva Mappy Morgan, the center of his communication, because the account has been disputed for the last nine years with the court.
Judge Paynan replaces Judge Richard Klah who was suspended by Chief Justice Francis Korkpor for bribery and unethical conduct. But Judge Klah later resigned, after he was recommended to the Legislature for impeachment, while Judge Willie is temporarily serving on the case, after Judge Morgan recused herself from the matter. She was recommended for a year of suspension without pay and benefits by the Judiciary Inquiry Commission (JIC), the arm of the Supreme Court to investigate unethical conduct of judges for her role in the handling of the case that has been with her court for the nine years, undecided.
She has appealed against her recommended suspension and it has been argued with the Supreme Court judgement pending.
Brosius’ Letter continues: “It should not be construed that I want to have access to money in the account before the conclusion of the Petition for Accounting pending undecided at the Commercial Court. All that I am interested in is that the monies in the bank and the receivables account entrusted to the custody of the Commercial Court consistent with the agreement of the parties, at a pre-conference hearing of July 15, 2013, are in intact and only one party that will prove entitlement to said monies will receive same.”
Explaining why he chose to write the letter personally, Brosius said because all of his lawyers were insisting that they should be paid for the services they have rendered so far and they are now demanding their legal fees.
“If the legal fees are not paid, they have threatened to abandon the case. You know that my failure to pay these lawyers is based on the nine years of financial strangulation I have suffered as a result of the wrongful acts taken against me by the Chief Judge Morgan,” Brosius claimed in his letter.