26 August 2008
In July this year, the World Bank Institute released the Worldwide Governance Indicators that stated categorically that Liberia has shown the largest improvement of any country in the world in controlling corruption over the last two years.
The Sirleaf administration intends to keep the pride generated by those indicators, but not if a big corruption scandal being circulated on the internet is anything to consider.
Now the government wants to authenticate the internet corruption scandal; and not only that, it also wants the involvement of the U.S. government whose corruption control law is believed to be violated, the wisdom of independent probe ombudsmen, and a prosecution attorney of fame.
The Analyst Staff Writer has been looking at the government's statements issued over the last week on what exactly it wants to do to maintain its World Bank Institute's world record.
The Sirleaf administration has announced that it will shortly be seeking the cooperation of the Bush administration to track the origin of a series of emails now circulated on the internet that is damaging to its reputation as well as violative of U.S. anti-corruption law.
This disclosure was contained in a press release issued last week by the Ministry of Justice in Monrovia. But it is not only that ministry that is unnerved by the circulation and that is planning to move heaven and earth to get to the bottom of the scandal it has generated.
President Ellen Johnson-Sirleaf was quoted by an Executive Mansion statement issued over the weekend as viewing with grave concern the emails, their circulation, and the dust they are whipping up and has accordingly ordered the Ministry of Justice to launch an immediate investigation.
"The Executive Mansion is gravely concerned over recently unearthed email exchanges allegedly bearing the addresses of individuals purportedly discussing business deals involving government's pending negotiations with the Liberian Maritime Registry (LISCR)," the Executive Mansion press release said.
It said besides engendering sweeping allegations, what is most disturbing "and of grave magnitude is the linkage the purported email exchanges attempt to draw between the Office of the President and the deals allegedly being discussed".
Meanwhile the Executive Mansion has clarified that Office of the President at no time gave license to any third party to serve as negotiator or go-between.
"[The Executive Mansion] and hereby wishes to establish a clear line of demarcation between the Office of the President and the allegations in the purported email exchanges, the Executive Mansion weekend statement said.
It said it was particularly and gravely concerned about references to Her Excellency as well as to other high government officials in the purported email exchanges and will leave no stones unturned to ensure that the truth is unveiled and the perpetrators prosecuted in keeping with the laws of our country.
"The President of the Republic is determined to ensure that every contract entered into between this government and any other entity will have only one objective, and that is, that such contracts serve the welfare and the benefit of the people of this nation.
"Since her incumbency, President Ellen Johnson Sirleaf has made it a duty to review every contract signed between the government of Liberia and other partners, be it national or international to ensure that the People of Liberia reap the benefit of their nation's natural resources," the Executive Mansion weekend statement said.
In the Justice Ministry statement quoted supra, said the Sirleaf Administration has made it clear that it was suspending any further negotiations on the LISCR Agreement pending the completion of the investigations.
"The Government believes this action to be necessary so that the Agreement is in no way perceived as being tainted," the administration was quoted as saying.
If the probe does go ahead, according to a press release believed to be issued by the Ministry of Justice yesterday on behalf of the government of Liberia, an independent trial process will be established to prosecute those with whom the emails originated and who are established to have acted criminally.
If, on the other hand, the emails as circulated on the internet are not traceable to any public official, then those circulating them will be held to give reasons to a prosecution panel why the government of Liberia should be scandalized at the time its current anti-corruption stance is gaining international acceptance and support.
"In a similar vein, the Government wishes to state that if the results of the investigations show that this was part of a scheme, that the emails were doctored, and that they were initiated by persons seeking to defame the government and impeded the development strides it is making, appropriate legal and other actions will be vigorously taken against them," the release said.
The release, though, did not say when the government will be seeking U.S. government cooperation in the matter.
But observers say if the probe gets underway it will be the biggest ever bilateral scandal probe involving the Sirleaf Administration and its economic and democratic mentor, the government of the United States of America.
More than that, they say, the probe's outcome will once and for all settle the doubt over government political will to fight corruption amidst what critics called the administration's increasing move towards nepotistic tendencies and political compensation. The administration said it cannot immediately confirm or deny the authenticity of the emails.
But it said it viewed with grave concern and seriousness the number of emails purported to have been exchanged amongst certain persons and alleging that certain officials of the government of Liberia had been paid amounts in connection with the current LISCR negotiations and that the gravity of the allegations contained in the emails created the need for immediate action and investigation.
"Firstly, because it impugns the integrity of the Government, secondly, because it seeks to forge a wedge against the current efforts to restore Liberia's international image and secure investments to improve the lives of its citizenry, and thirdly, because it distracts from thegovernment's current committed drives against corruption, economic mismanagement, and impunity, all being adverse verses the government met when it assumed office," the release said in support of immediate probe.
According to the release, the government was seeking the cooperation and collaboration of the U.S. government for reasons other than that it can not conduct the probe by itself with success.
It said the bi-lateral probe was necessary primarily because the government is convinced that the allegations contained in the emails, denied by its officials, would indicate violations not only of the United States Foreign Corrupt Practices Act (FCPA) which prohibits a US persons or entity making any payments to foreign officials to obtain or retain business, but also a contravention of the Penal Law of Liberia which makes such exchanges criminal.
"The matter is therefore not merely one of a local nature but has international implications," the release clarified. The administration said because it has the desire to ensure that the allegations are expeditiously and appropriately addressed, it has determined upon a number of immediate actions.
It said, "Firstly, the Government has determined that immediate probes will be mounted by the appropriate security and legal institutions, to determine the source of the emails, the authenticity of the exchanges, and the possible breaches of laws involved and those who have committed the breaches.
PUBLIC SERVICE
"In addition to the interviews which will be conducted of the parties, the investigative agencies will be fully vested with the authority to solicit from the persons amongst whom the emails were supposedly exchanged to agree to have their emails opened for the periods in question, including involvement by a team of designated international professional experts to determine whether in fact such exchanges emanated from their email boxes or addresses, the possible venue where they may have occurred, the timing of the occurrences."
Moreover, the release noted, the government intends to request of the provider of the email service any and all required information surrounding the emails, especially given the criminal nature of the allegations contained therein, and to seek to do so in concert with the Government of the United States.
"The Government will expect that the persons who are alleged to have exchanged the emails will give their full cooperation and approval to the service provider to seek for and determine the source of the emails.
The Government reserves the right to draw any appropriate conclusions relative to any persons who refuses permission for such probe to be made by the service provider," the release said, further detailing the steps the government intends to take in order to track the movement of the emails and to establish justice.
"Additionally," the release revealed, "based on the recommendation of the Minister of Justice for maintaining the integrity and independence of the investigations, the Government has determined that further to any probes which are being carried out by the Ministry of Justice, it will request the Chief Justice of the Supreme Court, acting in consultation with the Liberia National Bar Association, to designate an honorable and highly respectable Counselor of the Liberian National Bar Association, preferably a former Justice of the Supreme Court of Liberia, to act as an Independent Special Prosecutor to investigate the legal components of the allegations and make recommendations on the necessary actions to be taken by the Government of Liberia."
In order to maintain the integrity of the Sirleaf administration, the release said, the government will make every effort and take every step necessary to ensure the authenticity of the emails and the prosecution of the responsible persons and any persons adjudged to have committed violations of the laws of Liberia.
"But exactly what scandalous materials do the emails contain?"
is a major question that observers say the release should had addressed before detailing what it intends to do with the culprits.
Meanwhile an independent investigation The Analyst launched minutes after it got the government press release indicates that the government may be responding to a FrontPageAfrica's (FPA) August 20, 2008 story titled, "Emails Tie Liberian Officials to LISCR Deal Bribery; U.S. Help Sought in Probe".
According to the story, the FPA "obtained a chain of emails that appears to suggest corruption at the highest level of the Liberian government, a bridge of Liberia's Penal Code and the United States anti-bribery provisions of the Foreign Corrupt Practices Act (FCPA)".
Amongst others indications of inappropriate actions alleged to be taken by higher-ups in the SirleafaAdministration, the FPA published one email that suggests that the management of LISCR promised to pay royalty to close associates of President Ellen Johnson-Sirleaf for public relations.
The emails reads: On Sun, 8/17/08, Willis D. Knuckles, Jr. wrote:
From: Willis D. Knuckles, Jr.
Subject: Re: Fw: President's Invitation
Date: Sunday, August 17, 2008, 2:46 AM
On Thurs, 2/14/08, Abraham Avi Zaidenberg wrote:
Dear Willis,
You are the man! What would we do with out our PR man. It is only prove to me again that the issue of the pr men is extremely essential. Anyways please inform Madame President that her concerns will be addressed. Yoram told me that he has already informed you that the first payment of US$1 Million will be made after our contract is signed.
Regards,
Avi
The Analyst was unable to independently establish the authenticity of the story or the emails up to press time last night..
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