Two Czech Republic investors through their Attorney-In-Fact Hans Armstrong, who have been seeking justice from the Judiciary have written Chief Justice Francis Korkpor to look into their US$5 million case against the Secretary of the Liberian Senate Nanborlor Singbeh.
The letter by Martin Miloschewsky and Pavel Miloschewsky has come ahead of Justice Korkpor’s September 5, 2022 retirement date, and his last chance as Chief Justice to assign judges throughout the country during the opening of the August 2022 Term of Court.
In the Miloschewsky brothers’ letter, dated July 29, a copy of which is in the possession of the Daily Observer, they reminded Justice Korkpor, “In the quest of further supporting your effort in ensuring transparency, equal treatment of all, and increasing public trust and confidence in the judiciary. I, in the person of Hans Armstrong, and my capacity as an Attorney-In-Fact, representing two Czech Republic brothers, in their capacities, as well as, Attorney-In-Fact of 70% majority shareholders in MHM Eko Liberia Limited, have complained to the following judges to include; Roland F. Dahn, A. Blamo Dixon, Yamie Quiqui Gbeisay, and Scheaplor R. Dunbar, all of which are pending undetermined before Your Honor.”
However, the case was one of the several cases that were expected to be heard by the Criminal Court ‘C’ during the just-ended June 2022 Term of Court, which did not happen due to Korkpor’s reassignment of Judge Dixon.
Dixon had early recused himself from handling the Singbeh case because he was allegedly caught on call logs making multiple communications with one of the defendants, Chapman Logan, which the accusation Dixon admitted to when he was forwarded to the Judiciary Inquiry Commission (JIC) by Justice Korkpor.
The letter further said, “Your Honor, assignment of any of the judges complained of herein will jeopardize this case and deny us speedy dispensation of justice, because these judges are legally precluded from further presiding over any case in which Armstrong is a party based on a complaint filed against these judges, Your Honor, there is a legal Maxim that says justice delayed is justice denied.”
The letter added: “Given the above, we crave Your Honor’s kind indulgence, to please assign a judge other than Roland F. Dahn, A. Blamo Dixon, Yamie Quiqui Gbeisaye, and Scheaplor R. Dunbar, to afford the Government of Liberia/Ministry of Justice the opportunity for the speedy administration of justice/trial of this case, and to also allow the defendants to have their day in court, consistent with law and procedures in this jurisdiction.”
Section 3.9 of the New Judicial Law titled: Assignment of judges to Circuits Courts: says, “Each Circuit Judge, except the judges commissioned as relieving judges, shall preside as resident judge over the Circuit Court of the circuit for which he was appointed.”
“The Chief Justice of the Supreme Court shall assign, on a rotating system, a Circuit Judge to each quarterly session of the various circuits and if all business before a circuit court is disposed of before the expiration of a quarterly session, the Chief Justice shall have the power to reassign the Circuit Judge assigned thereto to sit for the balance of the quarterly session in any other circuit in addition to the Circuit Judge currently assigned there, if he deems such reassignment will aid the prompt disposition of judicial business.”
It can be recalled that Singbeh and his co-defendants, including former Finance Minister Nathaniel Barnes, Champon Logan, Ecobank Liberia Limited, Afriland First Bank, and several others were re-indicted on January 17, for allegedly duping the Czech brothers of US$5 million in both cash and mining equipment.
The indictment charged the defendants with economic sabotage, theft of property, forgery, criminal conspiracy, and criminal facilitation.
The indictment was later dismissed on grounds that the Ministry of Justice had earlier indicted Armstrong, the Attorney-In-Fact of the Czech brothers, based on a complaint by Singbeh, but that case against Armstrong was later dismissed, paying the way for the new indictment of Singbeh and his co-defendants.
The new indictment against Singbeh was based on a complaint by Armstrong, who claimed that the Miloschewsky brothers transferred cash and mining equipment valued at US$5 million to Singbeh for the establishment of a Czech Republic-owned company MHM Eko Liberia, which Singbeh allegedly misapplied.
According to the government indictment, during the period of June 2013, up to and including July 2019, the Miloschewsky brothers expressed interest in Liberia's business sectors with the intent of establishing a company in the country for the production of crushed rock and related quarry activities.
The Indictment continues, thereafter, the private prosecutors contacted co-defendant Nanborlor Singbeh, and having been contracted to whom they (private prosecutors) offered shares, but notwithstanding deceived the private prosecutors and used his official position as a government official and conspired and connived to allegedly dupe the private prosecutors of US$5 million.
They claimed that the money and equipment were transferred through the banks and the freeport of Monrovia, and received by Singbeh, but Singbeh and his co-defendants did not establish the company, and they allegedly sold the mining equipment.