The Informer (Monrovia)
Marcus Zoleh
13 November 2009
Dismissed Grand Cape Mount County Development Superintendent Erasmus Fambullah has failed to cooperate with Police to establish what led to the misapplication of US$62,000 of the Cape Mount development fund, Prosecution lawyers have told Criminal Court "A" in Monrovia.
The prosecution made the assertion Thursday during a hearing into a habeas corpus petition filed by the lawyer of former superintendent.
Liberian President Ellen Johnson Sirleaf dismissed Mr. Fahnbulleh several weeks ago when dark clouds of accountability hanged over the expending of the US$62,000 of the county development fund-budgetary allocations given to the 15 counties of the country for development activities earmarked by the people themselves.
According to the prosecution, the sacked development superintendent was taken to the police headquarters by his lawyer who instructed him not to talk, move or respond to any question from the police.
Mr. Fambullah's lawyer has rebutted the latest claim, but told the court it was his client's constitutional right to remain silent.
The writ of habeas corpus was filed by Mr. Fambullah's lawyer on November 6, 2009 on ground that his client has been kept in detention for more than 48 hours-something he argued is violation of Fahnbulleh's right.
The prosecution has meanwhile filed a 6-count counter argument to the petition. They called on the court to dismiss the habeas corpus petition on ground that it was baseless and untrue.
After a brief argument between the petitioner and the prosecution, and following a "critical" review of the petition of the petitioner and the returns of the respondents, the Judge dismissed the writ of habeas corpus.
"...In the mind of this court, habeas corpus will not lie in this particular instant, especially so when the petitioner was already out of jail or has been inform to leave because there was no probable cause to sent him to court for a charge, which in fact, he was only before the police to assist them in the investigation leading to the misapplication of US$62000 of Grand Cape Mount development fund," the Judge stated, adding, "In the mind of this court, this writ will not lie and it is hereby dismissed."
Mr. Fambullah's legal council however took exception to the ruling and immediately filed an appeal to the Supreme Court of Liberia.
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