The Supreme Court of Liberia has set free the Manager of the Ducor Petroleum Company Mr. Amos P. Brousius, Former LEC Managing Director for Administration Mr. Joseph Giddings and Former Warehouse Clerk, Justine Taylor of an alleged 6,500 gallons of fuel oil theft case.
The defense lawyers representing the three men took appeal to the Supreme Court after Criminal Court "C" adjudged their clients guilty in 2009 for 'theft of property.'
The lawyers at the time (2009) described the ruling of the then Judge of Criminal Court "C" Yussif Kabbah as "politically motivated".
Meanwhile the Supreme Court in its opinion handed down Tuesday (August 31st) in the case ruled that the Supreme Court does see any "act of theft" as claimed by the government.
"By law, if a man is charged with 'Theft of Property', it should not be proven by deception or by means of threat, and there must be proof of the act," the Senior Associate Justice of the Supreme Court, Francis Korkpor, noted in his ruling.
According to Justice Korkpor, the "thinking" that Ducor Petroleum Company connived with "some authorities of the LEC" to deprive the entity (LEC) of its own fuel oil "is based on assumption and lacks evidence to be proven in a court of law".
He said that the State failed totally to proof its case against the men and the Supreme Court sees "no reason" to adjudge the defendants guilty of Theft of Property.
Justice Korkpor also asserted that it was the full responsibility of the Ducor Petroleum Company, according to the contract agreement signed between it and LEC, to supply them (LEC) with fuel oil from any of its substation apart from LPRC storage, and cannot be seeing as a crime if Ducor did business with LEC from any of its substation.
The Supreme Court also ruled that the state does not have any case against the defendants, and ordered that the men be set free and items or property confiscated from them be returned immediately.
The three men have been on trial for allegedly conniving and diverting 6,500 gallons of fuel oil belonging to LEC for their private use.
But during the trial, LEC testified that it received the fuel in question from Ducor Petroleum as part of their contract agreement.
This is another land mark case loosed by the current government. Over the years the government has failed to win major cases including the more than US$1 million case against former traditional leaders, a theft case against former Assistant Postal Affairs Minister S. Terry Genesis, a murder trial against Margibi Senator Roland Kaine, a Treason trail against Charles Julu et al, among others.
The government has often blamed its dilemma on "corrupt jurors".
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