MONROVIA-Alternative National Congress political leader, Alexander B. Cummings is expected to take the stand and present the two copies of the original signed CPP framework document of May 19, 2020 in keeping with law.
The Criminal Procedure Code of Liberia, specifically section 17.3, makes it judicially imperative for anyone, be it the prosecuting attorney or defendant who has been duly subpoenaed by a court of competent jurisdiction to appear physically in person, present the exact documents requested and subsequently testify to the identical documents under direct examination by the party making the application before the subpoenaed witness can be cross-examined by the adversary party if he so desires.
Cummings, Aloysius Toe, Senator Daniel Naatahn are on trial for crimes of Forgery and Criminal Conspiracy at the Monrovia City Court.
The office of the Solicitor-General has clarified that defendants are yet to present the two copies of the original signed framework documents of May 19, 2020, to the Monrovia City Court to be testified to, identified, confirmed, and reconfirmed by them (defendants) as required of all subpoena witnesses under section 17.3 of the Criminal Procedure Law of Liberia, because the matter is scheduled for next Monday, February 21, 2022, at which time the selfsame defendants will be required to do so.
The release said defendants Alexander B. Cummings, Aloysius Toe, and Daniel Naatahn were subpoenaed by the prosecution to produce the original signed framework document of May 19, 2020, through a motion for subpoena duces tecum duly filed before His Honor Jomah Jallah, Stipendiary Magistrate for the Monrovia City Court.
The motion was assigned, argued by both parties, and the court granted the prosecution’s request but the defense excepted and subsequently filed a petition for summary proceedings before His Honor Roosevelt Z. Willie of Criminal Court “A”, Temple of Justice, who after, carefully reviewing the legal efficacies of the prosecution’s argument, in invoking the appropriate statutory provision, subsequently affirmed and confirmed Judge Jomah Jallah’s ruling, and thereby and mandated defendants Alexander B. Cummings, Aloysius Toe and Senator Daniel Naatahn to present to the Magisterial Court two copies of the original signed CPP Framework document of May 19, 2020 within 72 hours as of the date of his ruling
The release noted that the motion for subpoena duces tecum filed by the Ministry of Justice is consistent with section 17.3 of the Criminal Procedure Law of Liberia which states: “At the request of either the prosecuting attorney or the defendant, a subpoena commanding each person to whom it is directed to attend and give testimony at a specified time and place or to produce books, documents, or other things designated therein or both, shall issue and may be served as provided in the Civil Procedure Law.”
The release quoted Judge Willie’s ruling as saying Judge Jallah committed no reversible error to warrant any reversal of his judgment especially when he correctly ruled that the CPP framework document is a public document and the CPP as is a political party is an association within the contemplation of Article 78(a) of the 1986 Constitution, and therefore the defendants as agents of the association are under obligation to produce the selfsame original framework document.
However, the office of the Solicitor-General insists that the plain language of the statute requiring subpoena witnesses, as in the case of defendants Alexander Cummings and others is absolutely unambiguous, hence, there is no reason why Cummings and the others will not proudly take the stand as subpoena witnesses on next Monday and produce the two copies of the original signed document of May 19, 2020 when the trial resumes.
The release also clarifies that the office of the Solicitor-General is not in a publicity contest and shall not be in a war of words with anyone, no matter the provocation, and maintained that the office is constrained to provide these clarifications to set the records straight.
The release explains that as it is with all subpoena witnesses, defendants Alexander B. Cummings, Aloysius Toe, and Daniel Naatahn will appear in court on next Monday, and they will be asked to present the two copies of the original signed framework document of May 19, 2020, and immediately following that, defendants Alexander B. Cummings, Aloysius Toe and Senator Daniel Naatahn will be required by law to individually take the witness to withstand to be duly subjected to a sustained and solicited process of direct examination by the prosecution, as in the case of any subpoena witness under the Liberian trial practices and procedures, with absolutely no exception.
The office of the Solicitor-General calls on Alexander B. Cummings, Aloysius Toe, and Senator Daniel Naatahn, not to panic or breakdown in court and thereby commit perjury, which could cause any serious embarrassment, and assures them that the direct examination process will be persuasive, and facts about the original signed framework document of May 19, 2020 will be honorably solicited in an atmosphere of serenity and tranquility but the pace of the direct examination could become rigorous and agile if defiance and nonconformist posture is suspected to have demonstrated towards the court and the direct examiner.
The office of the Solicitor-General further calls on those who are closely following the trial to first read section 17.3 of the Criminal Procedure Law of Liberia so as to understand that the mandate requiring defendants Alexander B. Cummins and others to produce two copies of the original signed framework document of May 19, 2020, and thereby testify to them is not a foreign law but rather the law of the Republic of Liberia that governs all subpoena witnesses in all criminal trials throughout the Republic of Liberia, and therefore urges the defendants and their lawyers to unconditionally cooperate with the dictate of the law.
The release quoted a close aide of the Solicitor-General as saying that every application filed by the Ministry of Justice since the commencement of the trial is consistent with the criminal procedure law of Liberia, and therefore advised all those misinterpreting the role of the Solicitor-General in this matter to carefully read the law before jumping at conclusions, noting “there will be no attempt to circumvent the law to appease anyone.”
The release said under the equal protection clause of Article 11 (c) of the 1986 Constitution, “all men are equal before the law”, and stressed that no one will be given ‘special treatment’, no matter who is involved.
“It would be a serious deviation from trial practices and procedures for any defendant to anticipate a preferential treatment or to expect to be referred to as “honorable” while sitting on the prisoner bench and facing trial for a string of criminal charges” the release quoted the Solicitor-General as saying.
The release calls on Mr. Cummings and his lawyers not to play any delay tactics by engaging in frivolous arguments which are not supported by any law but are only employed to waste the precious time of the court and thereby keep the Liberian people in doubt.
The release blames Alexander B. Cummings, and specifically his team of lawyers for wasting the court’s time by engaging in a spectacle to shortcut and kill all attempts to produce and present the evidence along with quality witnesses to testify against their clients and make it appear that the prosecution is engaging in a witch-hunt, which is not the case.
“This trial should have lasted at for least 10 days but is ongoing indefinitely because Cummings and his lawyers believe that by so doing they can easily buy public sympathy by issuing countless press releases here and there and thereby frustrate all attempts by the prosecution to tell the world what Cummings and the other defendants have done for which they are on trial”, the release added.
Meanwhile, the office of the Solicitor-General has denied and described as shameful, allegations that Cllr. Sayma Syrenius Cephus has taken a personal interest in the matter and indicated it is in Mr. Cummings’ best interest to respect the law and must understand that he, as a subpoenaed witness has no other choice but to present two original signed copies of the May 19, 2020 Framework document and subsequently testify to them under direct examination as provided for under section 17.3 of the Criminal Procedure Law of Liberia.
The Office of the Solicitor-General has clarified that the case of the former CPP Chairman and ANC Political Leader, Alexander B. Cummings, and others facing trial on charges of forgery and criminal conspiracy will resume next Monday, February 21, 2022, with Cummings expected to take the stand and present the two copies of the originally signed CPP framework document as one of the subpoena witnesses, as in keeping with the law.
The Criminal Procedure Code of Liberia, specifically section 17.3, makes it judicially imperative or mandatory for anyone, be it the prosecuting attorney or defendant who has been duly subpoenaed by a court of competent jurisdiction to appear physically in person, present the exact documents requested, and subsequently testify to the selfsame documents under direct examination by the party making the application before the subpoenaed witness can be cross-examined by the adversary party if he so desires.
However, the office of the Solicitor-General insists that the plain language of the statute requiring subpoenaed witnesses, as in the case of defendants Alexander Cummings and others is absolutely unambiguous, hence, there is no reason why Cummings and the others will not proudly take the stand as subpoena witnesses on next Monday and produce the two copies of the original signed document of May 19, 2020 when the trial resumes.
The release also clarifies that the office of the Solicitor-General is not in a publicity contest and shall not be in a war of words with anyone, no matter the provocation, and maintained that the office is constrained to provide these clarifications to set the records straight.
The release explains that as it is with all subpoena witnesses, defendants Alexander B. Cummings, Aloysius Toe and Daniel Naatahn will appear in court on next Monday, and they will be asked to present the two copies of the original signed framework document of May 19, 2020, and immediately following that, defendants Alexander B. Cummings, Aloysius Toe and Senator Daniel Naatahn will be required by law to individually take the witness to withstand to be duly subjected to a sustained and solicited process of direct examination by the prosecution, as in the case of any subpoena witness under the Liberian trial practices and procedures, with absolutely no exception.
The office of the Solicitor-General calls on Alexander B. Cummings, Aloysius Toe and Senator Daniel Naatahn not to panic or breakdown in court and thereby commit perjury, which could cause any serious embarrassment, and assures them that the direct examination process will be persuasive, and facts about the original signed framework document of May 19, 2020 will be honorably solicited in an atmosphere of serenity and tranquility but the pace of the direct examination could become rigorous and agile if defiance and nonconformist posture is suspected to have demonstrated towards the court and the direct examiner.
The office of the Solicitor-General further calls on those who are closely following the trial to first read section 17.3 of the Criminal Procedure Law of Liberia so as to understand that the mandate requiring defendants Alexander B. Cummins and others to produce two copies of the original signed framework document of May 19, 2020, and thereby testify to them is not a foreign law but rather the law of the Republic of Liberia that governs all subpoena witnesses in all criminal trials throughout the Republic of Liberia, and therefore urges the defendants and their lawyers to unconditionally cooperate with the dictate of the law.
The release quoted a close aide of the Solicitor-General as saying that every application filed by the Ministry of Justice since the commencement of the trial is consistent with the criminal procedure law of Liberia, and therefore advised all those misinterpreting the role of the Solicitor-General in this matter to carefully read the law before jumping at conclusions, noting “there will be no attempt to circumvent the law to appease anyone.”
The release said under the equal protection clause of Article 11 (c) of the 1986 Constitution, “all men are equal before the law”, and stressed that no one will be given ‘special treatment’, no matter who is involved.
“It would be a serious deviation from trial practices and procedures for any defendant to anticipate a preferential treatment or to expect to be referred to as “honorable” while sitting on the prisoner bench and facing trial for a string of criminal charges” the release quoted the Solicitor-General as saying.
The release calls on Mr. Cummings and his lawyers not to play any delay tactics by engaging in frivolous arguments which are not supported by any law but are only employed to waste the precious time of the court and thereby keep the Liberian people in doubt.
The release blames Alexander B. Cummings, and specifically his team of lawyers for wasting the court’s time by engaging in a spectacle to shortcut and kill all attempts to produce and present the evidence along with quality witnesses to testify against their clients and make it to appear that the prosecution is engaging in a witch-hunt, which is not the case.
“This trial should have lasted at for least 10 days but is ongoing indefinitely because Cummings and his lawyers believe that by so doing they can easily buy public sympathy by issuing countless press releases here and there and thereby frustrate all attempts by the prosecution to tell the world what Cummings and the other defendants have done for which they are on trial”, the release added.
Comments are closed.