The Full Bench of the Supreme Court on Thursday 23, January summoned Judge Peter Gbeneweleh to appear before the Justice in Chamber, Associate Justice Sie-A-Nyene G. Youh.
Mr. Amos Brosius, former managing director of Ducor Petroleum Incorporated, is also due to appear.
The two are required to show up on Tuesday, February 4, at 10:A.M., according to the communication.
They will be required to show why a petition for a “Writ of Mandamus” prayed for on behalf of Mr. Charles Carron, should not be granted by the High Court.
“Mandamus” is a writ or order issued from a Court of Superior jurisdiction that commands an inferior tribunal, corporation, municipal corporation, or individual to perform, or refrain from performing, a particular act—the performance or omission of which is an obligation, required by law.
It is an extraordinary court order, because it is issued without the benefit of a full judicial process; it may also be issued while a case is in process.
Indeed, it could be issued by a court at any time appropriate during proceedings.
The Writ was prayed for by lawyers representing Mr. Charles Carron, a Belgium national, who lost a US$1.7million theft of property and economic sabotage case, against Mr. Amos Brosius.
The case was heard in Criminal Court ‘C’ that was presided over by Judge Gbeneweleh.
Presently, Judge Gbeneweleh presides over the Civil Law Court at the Temple of Justice.
In December 2013, he ruled, “defendant Amos Brosius not-guilty of charges brought against him by the government on behalf of Mr. Carron.”
“Now a free man, all of Brosius’ rights are to be restored, including a criminal bond he had secured.”
Defending the Court’s ruling, Judge Gbeneweleh said that “the prosecution had failed to produce enough evidence to convict the defendant of the allegations level against him.”
Interestingly, none of Carron’s lawyers were seen in the courtroom when final judgment was pronounced.
The case began in 2013, when Carron accused Brosius of diverting million of gallons of petroleum products entrusted to his (Brosius) care for distribution to customers of Ducor Petroleum Company.
Defendant Brosius denied the claim when he first appeared before Judge Gbeneweleh, shifting the burden of proof to the prosecution.
Mr. Brosius is the former managing director of Ducor Petroleum, while Carron holds 90% shareholder in Ducor and owns the Monrovia Oil Trading Company (MOTC).