Supreme Court Hears GW ‘Controversy’ Case Today

3
1506

A decision on whether or not Associate Justice Philip A.Z. Banks should issue a Writ of Certiorari against Judge Yamie Quiqui Gbeisay of Criminal Court ‘C’ will take place today – Friday, after arguments.

Judge Gbeisay presided over the suspended Global Witness alleged US$950,000 bribery case that involved several present and past government officials.

A Writ of Certiorari is a document which a losing party files with the Supreme Court asking it to review the decision of a lower court.

Global Witness report claimed that Sable Mining, a UK based mining company, gave its Liberian lawyer, Cllr. Varney G. Sherman, over US$950,000 to have certain government officials at the time, including ex-speaker J. Alex Tyler, change the Public Procurement Concession Commission (PPCC) Law, so that the Wologizi iron ore reserves would be given to the company without them submitting to a competitive bidding process.

Meanwhile, Judge Gbeisay has been re-assigned to the 9th Judicial Circuit Court in Margibi County.

The Judge had earlier denied prosecution’s request to have controversial and permanently marked e-mails and spreadsheets to be included as their oral and documentary evidences to be used against the defendants, including Senator Varney Sherman of Grand Cape Mount County and former House Speaker Alex Tyler.

Gbeisay’s denial prompted prosecution to ask Justice Banks to review his (Gbeisay) judgment, which request the Justice in Chambers relied on to place a stay order on further hearing of the matter, pending the outcome of the argument he has scheduled for today.

The scenario started when Gbeisay declared that the spreadsheets and e-mails will be marked temporarily, pending the arrival of Heine van Niekerk, who is the key participant in the alleged e-mail exchanges, who prosecution listed as one of its witnesses, and had earlier assured that he would be in Liberia to testify.

Gbeisay’s stance was due to state lawyers claiming that the document contains e-mails between defendant Varney Sherman and Klaus Piprik with regards to co-defendant Alex Tyler demanding a payment of US$250,000.

The defense team argued that the conversation was based on hearsay and should not be marked permanently, unless the alleged author, van Niekerk, appears in court to authenticate the matter.

Prosecution had argued that the e-mails and spreadsheets were voluntarily given to the government investigative team by Heine van Niekerk, Sable Mining’s West Africa director, with whom co-defendant Sherman had the series of e-mail exchanges.

In support of the argument, prosecution claimed that their investigators obtained a notarized affidavit in which van Niekerk confirmed the contents of the e-mails, and said he gave the documents to the Liberian government under an immunity agreement.

Authors

3 COMMENTS

  1. Few guys were joking around the other day about the irony of an alleged GW corruption case investigated by LP Chairman Counselor Fonati Koffa who happened to have been a convicted and jailed felon for fraud in North Carolina. The absurdity of the situation sounded so surreal that one of the jokers posed this dark rhetorical question:

    “Why can’t Supreme Court Justice Banks take over this Presidential Task Force’s politically – motivated case; ignore all the rules of evidence; immediately sentence all the accused to death before the elections; and get them swiftly hanged to please EJS”?

    I didn’t find it funny, because such musings could be prescient under the current arbitrary rule. For perhaps that’s the only outcome to assuage the desire for revenge of our Iron Lady, who must always be obeyed by vested zealots regadless of the cost in blood.

  2. A sober reflection on the behavior of those allegedly involved in this scheme amounts to treason. Undermining the law for personal aggrandizement.

  3. You may be on to something. Perhaps, “treason” is justly deserved for all bullying mean – spirited power – drunks zealously polarizing the country, and arrogantly leading it to the brink of another devastating conflict. Seemingly, they aren’t satisfied that insidious continuous bad governance is the driver of the ceaseless suffering, and hopelessness of the vast majority.

    William Penn, the founder of the state of Pennsylvania in the US, put it better when he said, “Governments, like clocks, go from the motion men give them; and as government are made and moved by men, so by them they are ruined too…. Let men be good, and the government cannot be bad…. But if men be bad, the government cannot be good.”

    It is a cautionary tale for voters. After all, the candidates are not Martians, the constituents know their histories (especially character ref integrity) to determine whether they are fit for leadership positions. This means that electing “bad” politicians because of money, education, or ethnicity, and expecting “good” governance is insanity. For example, in hindsight, EJS shouldn’t have been entrusted with power. And no matter the intense propaganda, it is a monumental mistake millions of Liberians are regretting, and continue to regret for years to come.

LEAVE A REPLY

Please enter your comment!
Please enter your name here