6 December 2012

Liberia: In Pastor's U.S. One Million Theft Case - Judge Gbeneweleh Bans Assets

The judge of the First Judicial Circuit, Criminal Assizes "C" has ordered the Clerk of court to write the Paynesville Magisterial Court to turn over the seized assets to the Sheriff of the court to take custody of the assets pending the conclusion of the trial.

He has also ordered the Sheriff of the court to proceed to the premises of the Children Aid Liberia and conduct an inventory of the assets of the institution and submit report to the court.

In his December 5, ruling, the Assigned Circuit Judge of Criminal Court "C", Peter W. Gbeneweleh said the taking away of items or assets subject to this criminal proceeding by the defendant prior to the conclusion of the criminal proceeding is not supported by law and is an attempt to dispose of some of the assets prior to the conclusion of the matter.

He added that while it is true that ABC Children Aid Liberia can borrow any asset to another institution, its is legally wrong to lent 100 chairs to the African Grand Academy after the Indictment had been drawn and served on the defendant, charging him with Misapplication of Entrusted property and Theft of Property.

The Judge, ruling from the submission made by the prosecution praying to the court that the defendant herein has proceeded to the premises of ABC Liberia, collected assets, including furniture and fixtures of the institute, adding that the honorable court should pace restriction order on the defendant to preclude him from henceforth removing any of the assets while this trial is under going.

In resistant thereto, Counsel for the defendant prayed the court to deny and dismiss the application by prosecution, adding that the chairs that were arrested from the African Dream School by the power of writ of search and seizure issued by the Paynesville Magisterial Court on the 20th day of November, 2012 was illegal in that there is no stay order by this court as to how AB C Internal was restraining Abc Liberia.

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