-S/G Cephus, Atty Gen. To Be Held In Contempt
The Attorney General and the Solicitor General of Liberia risks being held in contempt by the Monrovia City Court for conflict of interest and deceiving that Honorable Court.
Arguing a writ of Ne Exit Republica file by Government through the Ministry of Justice, to restrain the defendants from leaving the bailiwick of Liberia, Musa Bilitylegal counsel informed the Court that both Atty. Frank Musa Dean and Cllr. SaymahSyreniusCephus are conflicted on grounds that these government officials including the Montserrado County Attorney have been a party to the matter.
Musa Bility, Ellen Corkrum, LBDI are among several others indicted by the Grand Jury of Montserrado County during the May 2013 for the crime of economic sabotage, theft of property, criminal conspiracy and misapplication of entrusted property.
During the Tuesday, February 19, 2020 argument, Cllr. Jonathan Massaquoi prays Judge JomahJallah not to only quash the writ, but should as well hold these Government officials for contempt of court for deceiving the court and causing embarrassment for the state.
He indicated that Cephus represented defendants: Ellen Corkrum, and LBDI through its Executives Gloria Menja and John Davis while Atty. Musa Dean represented the First International Bank in which they confused judgement, something that places them in a conflicting position.
“They are conflicted. Why do they want to embarrass the state? They are embarrassing the entire state coupled with the conflict of interest,” Cllr. Massaquoi added.
He asserted that the writ of Ne Exit Republica is being grossly abused by the prosecutor since according to him, said writ is normally issued in a debt court where the court issued an order or where there is a claim that for some other reasons the defendant in the matter is at flat rate and not in a criminal sue.
Cllr. Massaquoi bewailed “The statue provides that for a writ of Ne Exit Republica to be issued, there should be a matter pending and not investigation. Moreover, there must be a claim especially so, in a civil sue. In a criminal sue when a defendant is brought under the jurisdiction of the court, there must be a criminal appearance bond issue, the primary reason is to ensure the day to day appearance of the defendants and not a writ of Ne Exit Republica.”
Bility’s lawyer term prosecution as confused noting that the instrument or writ file cannot be used to restrain the rights and liberty of the defendants as provided for in the constitution.
According to him, there is no matter before the court to this effect as the government has since dropped charges against the defendant. “And so we justice want you to just quash this writ, dismiss it and let the people go about their normal business” adding, “if they cannot do their job we cannot do their job for them.”
Subsequently, Judge Jallah reserves ruling for today, February 19, 2020, mandating the commissioner of the Liberia anti-corruption commission (LACC) to appear today to provide information whether there is an ongoing investigation surrounding the defendants.
But, the Action of Judge Jallah was strongly excepted to by one of counsels for LBDI, Cllr. KunkunyonTeh terming the action as strange and foreign.
Cllr. Teh contended that Judge Jallah’s request to order the LACC to appear to ascertain any information regarding ongoing investigation amounts to the court siding and aiding the prosecution to meet their minimum burden to show reason why the writ should be sustained.