...To Return US$113,045 In Cocaine Case
Lawyers representing four individuals now free from all charges in USD$100m cocaine case, filed a petition on Wednesday, June 14, 2023, before Judge Blamo Dixon of Criminal Court "C" at the Temple of Justice in Monrovia against the Ministry of Justice for failure to comply with a court order to pay US$113,045.00 that were seized from the defendants at the time.
In a 12-count petition before the court, the petitioners pray that the court cites the acting Minister of Justice, Cllr. Nyenati Tuan, who is Solicitor General of Liberia to show cause why if any reason he should not be held in contempt for failing to comply with the court order of June 1, 2023 to bring to court on June 13, 2023 at 3:00 p.m. USD$113,045.00
The defense Lawyers (petitioners) also stated in their petition that they want the court to cite officials of the Central Bank of Liberia to also appear in court with the said amount of US$113,045.00 placed in the escrow account of the national joint security which CBL confirmed is in its custody.
According to the petition of which copy is in possession of the IPNEWS points out that the Ministry of Justice has admitted through documentary evidence that the US$113,045.00 is available in its bank account and is willing to make the amount available, its failure to bring said amount to court is deliberate and without any legal and factual justification for which the court must hold Cllr. Nyenati Tuan, Solicitor General, acting Minister of Justice in contempt of court or out rightly disrespecting the court's order.
Defense Lawyers also informed the court through its petition that Minister Musa Dean, is out of the country on an official trip and it's Cllr. Tuan who is in charge and should have implemented the court's order but he failed to do so.
However, they lamented that since the court has documents in its possession indicating that the said money is in the possession of the Central Bank of Liberia, the CBL is named as 2nd respondent because it needs to comply also with the court order by withdrawing the amount from Ministry of Justice National Joint Security Account.
The petitioners also said, the financial role played by the Central Bank of Liberia in serving as custodian of the money, it has become a party of interest for the release of the money and in order for the petitioner to get complete relief to the release of the money, Ministry of Justice must appear in court while authorities of Central Bank of Liberia also be invited to provide information about the status of the money in question.
The petitioner recalled that following a conference with the Chambers Justice Quiqui Gbeisay, Sr., issue the writ prayed for by the respondent ( Ministry of Justice) and on May 29, 2023, the Justice in chambers sent down a mandate to Criminal Court" C" Judge Dixon to resume jurisdiction and proceed in keeping with the law.
Accordingly, they said the mandate from Justice in chambers was read and thereafter, the court resumed jurisdiction and immediately ordered the respondent (Ministry of Justice) to bring to the court a total amount of US$113,045 on Tuesday, June 13, 2023 at 3:00 P.M. for onward transmission to the Defendants (Informants) by and thru their legal Counsels.
"Respondent was given 12 days to submit the money to this court. The 12 days period was more than sufficient because the Ministry of Justice needed to withdraw the amount from the Central Bank since there was evidence that said amount was deposited at the CBL. The Ministry of Justice through Cllr. Dean, Jr., and solicitor general Cllr. Nyenati Tuan Sr. made no effort within the time allotted to them to withdraw the money from CBL and present it to the court.
Defense Lawyer stated "the records in the case further show that the subject amount of US$113,045.00 confiscated from the Defendants (Informants) by state joint security officers of the Ministry of Justice was made known to this court by the Ministry of Justice on Tuesday, December 20, 2022 during the disclosure of Evidence by the Ministry of Justice which time respondent made submission to this court in which it disclosed that the amount of US$113,000.00 was confiscated by the joint security forces who arrested Co-Defendant, Malam Conte. Respondent further disclosed the amount was deposited at the Central Bank of Liberia
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Moreover, in addition to the amount of US$113,045.00, the respondent in its submission also told court that, the amount of US$11,000.00 was arrested on the person of Co-Defendant, Oliver A. Zayzay in the republic of Sierra Leone.
Petitioner said that, respondent then told the court that the receipt appertaining to the said amount of US$11,000 was made available within the next 24 hours and that receipt was submitted to the court as evidence of the US$11,0 00.00.
