Monrovia — The Judge of Criminal Court "C" at the Temple of Justice, Peter W. Gbeneweleh, on Thursday, December 26, 2013 rendered a non-guilty verdict in favor of Mr. Amos P.K. Brosius in the just ended Theft of Property and Economic Sabotage case.
Mr. Amos P.K. Brosius, who is the former Managing Director of Ducor Petroleum Incorporated, was indicted for the crime of Theft of Property and Economic Sabotage.
Among other things, the indictment alleged that Mr. Brosius while serving as Managing Director at the Ducor Petroleum Incorporated stole and converted into his personal use and benefit US$1,780,502.06. But he denied the allegation.
But in his final ruling, Judge Gbeneweleh stated that the testimony of one of the state witnesses in person of Mr. Josephus Bracewell that Mr. Brosius was not responsible for the duplication of delivery orders defeats the charge of Economic Sabotage levied against him(Brosius).
He pointed out that the testimony given Mr. Charles Carron, Chief Executive Officer of Monrovia Oil Trading Company (MOTC), that Mr. Brosis is his son and he (Carron) did not say that Mr. Brosius stole the petroleum products clearly contradicts the indictment drawn against the defendant.
"There cannot be Theft of Property against the defendant when the products were not stolen. This statement, the court says, defeats or negates the allegation of theft of property against the defendant."
The Criminal Court "C" Judge furthered in his ruling that the court take judicial note that the Article of Incorporation has not been amended to include the Monrovia Oil Trading Cooperation as shareholder of Ducor.
He said testimonies provided by the state's ninth witness, Mr. Raffell H. Wilson, the deputy chief of special Investigation of the Liberia National Police (LNP), also contradicted the entire indictment drawn up against Mr. Brosius.
Among other things, the state's ninth witness in his testimonies stated that Brosious was charged based upon his (witness) investigation conducted, but admitted that one of the state exhibit P/16 was never used for his investigation.
The judge mentioned that the indictment cannot charge the defendant for the sum of US$ 1,780,502.06 and at the same time charged the defendant for the amount over 1,780,502.06, noting, that the value of the property in the indictment should also be certain for the purpose of restitution if the defendant will be convicted.
"The court ruling also says that the amount in the indictment charging the defendant with theft of proper and economic sabotage should be certain so as to give the defendant a fair notice of the amount contained in the indictment," added Judge Gbeneweleh.
Meanwhile, after Judge Gbeneweleh rendered a non-guilty verdict in favor of Mr. Brosius, the grounds of the Temple of Justice became a scene of jubilation. Friends and relatives of the former MD of the Ducor Petroleum Incorporated were seen singing and dancing for the victory in the case.