Days after the Judiciary Inquiry Commission (JIC) investigative findings held Judge Eva Mappy Morgan liable of an illegal withdrawal of US$3.352 million out of the account of the Ducor Petroleum Inc at the Liberia Bank for Development and Investment (LBDI), the Chief Executive of the company, Amos Brosius, is now taking issue with the Judicial Branch of the Government to restitute the money.
In their findings, the JIC recommended to Chief Justice Francis Korkpor to suspend Judge Morgan for a period of one year without pay and benefits, making no reference to the restitution of the US$3.352 million.
Instead, the JIC advised that Amos Brosius is not precluded by these proceedings to institute action of damages for wrong against Judge Morgan in a competent court of jurisdiction.
However, in a communication dated April 19 and addressed to Chief Justice Francis Korkpor, Brosius contended that Judge Morgan’s conduct led to the depletion of the Ducor Petroleum account in her official Judicial capacity and not as a private citizen of Liberia.
Therefore, the letter argues, “The court should exert every effort to ensure that the monies are returned in the account.”
The letter further argues, “The monies got lost as a result of the official conduct of the judge, therefore, it (the court) should use its power to ensure the return of the US$3.352 million to the custody of the business.”
Brosius also argues that since it was clear from the JIC investigation that Ducor Petroleum accounts receivable and Ducor bank account housed at the Liberia Bank for Development and Investment (LBDI) were depleted of all monies based on her illegal court order dated July 23, 2013 and July 24, 2013, that is in breach of the previous court order also dated July 25, 2013, issued by her.
“All the monies that were depleted from those accounts should be returned to the court and be frozen in keeping with the agreement of the parties to have all finances in Ducor Petroleum placed in the custody of the Commercial Court pending the final determination of the petition for accounting.”
The question that remains is whether or not Chief Justice Francis Korkpor will commit the Judiciary to the restitution of the US$3.352 million that Judge Morgan withdrew from the Ducor Petroleum account at the Liberia Bank for Development and Investment (LBDI).
Brosius’ letter resulted from the JIC recommendation, which states that the conduct of Judge Morgan violates the fundamental rights of Amos Brosius, the Constitution, statutes and Judicial Cannon of the Republic of Liberia, stressing, “In a manner and form so egregious, reckless callous without remorse.”
Further to Brosius’ letter, he argued that it was established during the investigation that an agreement between the Monrovia Oil Trading Company (MOTC), the other parties, and Ducor Petroleum Inc joint bank account, including account number 0221215153401 was housed at the LBDI.
The account, Brosius argued, was frozen and placed into the custody of the Commercial Court at the Temple of Justice, so as to prevent any of the disputing parties from having access to finances in Ducor Petroleum receivables.
Besides, Brosius’letter claimed that the parties, both MOTC and Ducor Petroleum agreed that the bank account should remain frozen pending the final determination of the Petition for Accounting lawsuit that was before Judge Morgan undecided.
Brosius also argued that Judge Morgan was in breached of the parties commitment, and withdrew all of the monies and could not account for any, even, while the monies were in the custody of the court.
“Even,” the JIC said, “The depletion of the monies from Ducor Petroleum account while in the custody of the Commercial Court is illegal and I am in total agreement with it on that issue,” the letter claimed.
In his letter, Brosius argued that “It is worth noting that some of the pains I have suffered for the past eight years as direct consequences of malpractices committed in the Commercial Court against me is that my children are often out of school in the country for unpaid school fees. While, Judge Morgan, Counselor T. Negbalee Warner, one of the lawyers for MOTC, and officials of the MOTC educate their children outside with the wealth they have amassed from the depletion of the Ducor Petroleum account at the Liberia Bank for Development and Investment (LBDI) to my detriment.”