The Bushrod Island Magisterial Court in Monrovia says it is in search of the former managing director of Young IL Corporation, Maengsik Kim, a South Korean national who has not attended his alleged US$300,000 theft case.
The case began about a month ago after defendant Kim was released on an unresolved bond fee posted by the Accident and Casualty Insurance Company.
Kim is now wanted by the court in connection with his refusal to appear for the hearing after Magistrate James F. Dudu, did not concur with the prosecutors’ argument that the insurance company had failed to attach its recent bank statement, and other relevant documents to the bond.
This, according to the court, gave rise to the denial of Kim’s bail application unless those documents were made available.
When the case was first scheduled for hearing on March 26, 2019, the court records established that the lead prosecutor, Attorney Shadrach M. Kanneh, then informed Magistrate Dudu that the amount of US$300,000 involved in the matter was substantial, “therefore, we request the court to allow defendant Kim to file the appropriate criminal appearance bond. Moreover, we have been informed that Kim is poised to leave this country, and so, we request the court to take keen jurisdiction of the matter.”
However, while ruling on the prosecutors’ argument, Magistrate Dudu declared that “defendant Kim should post a valid criminal appearance bond to ensure his day to day appearance, and that any failure on the part of the defendant to do so, he will be incarcerated at the Monrovia Central Prison where he will remain until all bails in requirement of fraud are fully met.”
Despite granting Kim’s bail, the defendant on numerous occasions, has not appeared in court for the trial, which prompted Atty. Kanneh to request the court to hold the insurance company in “contempt for not being able to ensure the appearance of the defendant in court.”
That request was later granted by Magistrate Dudu, who subsequently held the company in contempt.
According to the court record, from 2017 up to and including 2018, the defendant had approached the management of IL Corporation to do business with them.
The said management decided to do business with Kim by shipping containers into the country.
Court records claimed that from 2017 up to, and including 2018, Kim approached the management of Global Ocean Fisheries for a partnership, to which the management agreed, and later entrusted the company into the care of Kim to export from Liberia to South Korea.
Shortly afterward, the court record further claimed, Kim started to ship fish in the name of Global Ocean to South Korea but, on the contrary, Kim, without the knowledge of the company, shipped three 40 foot containers of fish valued at US$300,000, meaning US$100,000 per shipment to South Korea.
“Defendant Kim misapplied the confidence reposed in him by operating under the management authority, and doing business without the approval of the management using trade mark without permission from 2017 up to 2018,” court record established.
“Kim’s action had caused economic hardship and deprived their corporation of its benefits and international business, and also the revenue that the corporation was to receive,” the record added. “That defendant Kim had operated the corporation without producing any tangible funds to management,” the court record alleged.
Meanwhile, up to press time last night, the whereabouts of defendant Kim remains unknown.
But a complaint has been filed against Magistrate Dudu before Judge Roosevelt Z. Willie of Criminal Court ‘B’, the Temple of Justice, in connection to the failure of defendant Kim to honor his bail assurance.
A complaint dated April 30, 2019, filed on behalf of Global Ocean Fisheries by Madam Roseline K.S. Giah, claimed that Magistrate Dudu had earlier arrested a representative of the insurance company and subsequently forwarded him to the Monrovia Central Prison.
However, Magistrate Dudu, a day later, changed his mind and released the insurance company’s representative without producing the defendant, as provided for by the law.
“When we approached Magistrate Dudu on the said issue, the magistrate could not gave reasonable justification as to the release of the surety or the producing of defendant Kim without just cause,” the complaint alleged.
The complaint added, “Judge Willie should cite Magistrate Dudu to show cause why he released an executive of the Accident and Casualty Insurance Company, and he failed to bring defendant Kim before the court by strength of the law, thereby leaving my case undone.”
It can be recalled that Magistrate Kennedy Peabody of the Monrovia City Court was also cited by the same Judge Willie over the magistrate’s action to allow dismissed Guaranty Trust Bank Manager, Ayodeji Bejide, a Nigerian national, to leave the country on medical leave without the knowledge of the government.
Bejide was expected to have been indicted by Criminal Court ‘C’ for the crime of aggravated assault after he threw his calculator at the face of one of his staff members in a fit of rage, during a meeting. The staff member, identified as Edward Freeman, sustained a serious injury on the lip.
The decision of allowing the defendant to leave the country on medical grounds has caused the government to issue a complaint to Judge Willie who has ordered Magistrate Peabody to ensure that defendant Bejide returned to the country by October 22.
Though the government placed a travel ban on Bejide, Magistrate Peabody later lifted the ban and subsequently ordered Bejide to leave the country anytime he wished because Bejide was now under a US$50,000 bail posted by the Insurance Company of Africa.