Criminal Court 'C' has issued a re-arrest order for former Managing Director of the Liberia Water and Sewer Corporation (LWSC), Duannah Kamara in connection to the alleged disappearance of US$240,510, intended for the operations of the corporation.
Others named in the arrest order include Moisery Momoh, deputy managing director for Administration, George Nyenkan, manager for materials administration, Shad Massaquoi, manager/coordinator for Grand Bassa County, Mohammed Konneh, owner of Sesay's Brothers Business Center, and Ayouba Kamara, an employee of the business center.
The court's order comes nearly four years after the Liberia Anti-Corruption Commission (LACC) and the defendants entered in an agreement resulting in the prosecutors discontinuing the matter (nolle prosequoi).
A nolle prosequoi does not mean the case has been dismissed, but the state can arrest you whenever they feel like arresting you on the same or additional charges.
It was based on this, that the current administration has reopened the same matter and has upgraded the indictment.
This arrest is in connection with similar matters, which Judge Blamo Dixon, in 2021, had discharged the defendants of answering to, through a request for discontinuation of the case (nolle prosequoi.)
Initially, the LACC had argued that they could not proceed with the case, on grounds that there was insufficient evidence to continue with the matter.
They are charged with economic sabotage, misuse of public money, property, and record, theft of property, misapplication of entrusted property, and criminal conspiracy.
According to the indictment, in August 2021, LACC received a tip-off from a whistle-blower alleging that the management team at LWSC were engaged in acts of corruption.
The court document revealed, amongst others, that an amount of US$99,000 was allegedly transferred from a project account belonging to the LWSC to a bogus offshore company Hydro Conseil.
It also alleged that Hydro Conseil was hired by the management of LWSC to conduct feasibility study design and prepare tender documents for the construction of civil and mechanical works to improve water delivery to Paynesville and Central Monrovia.
Unfortunately, the court records claim that the hiring was done contrary to the provisions of the public procurement and concessions commission's regulations, the project implementation Manual and that there was no evidence of work performed.
It also revealed that about 59,000 gallons of fuel were procured at the costs of US$177,730 by the management of the LWSC and the Project Implementation Unit (PIU) contrary to the procurement procedures laid out in the PPCC regulations and the PEM.
The indictment also alleges that with support from the World Bank the procurement of the fuel was intended for the enhancement of the Liberia Urban Water supply project (LUWSP) especially during the Covid 19 pandemic and that the said fuel was misapplied by the defendants for their personal benefit Again, the court documents said, remittance (Water bill) paid by the Monrovia Club Breweries in the amount of US$13,000 was received but said monies were allegedly misapplied and cannot be accounted for.
It alleged that based on the fraudulent expenditure and abuse of public funds by executives of the corporation, LACC's enhancement division initiated an investigation and discovered the corrupt practices of the defendants.
They claim that the World Bank and the project implementation unit of the LWSC procured 59,000 gallons of fuel at the cost of US$177,730 from Petro Trade on April 21,2020 through a request for Quotations (RFQ) method with voucher (#: LWSC/PIU/LUWP 2020/669) and check (#:00113851).
The supply, the indictment alleged, was intended to be used as emergency assistance during the Covid-19 pandemic for DE slashing operations as well as the operations of the standby generator used to run high lift pumps at White Plains water treatment plant.
"Out of the 59,000 gallons of fuel supplied to the LWSC 2,650 gallons were stored at LWSC Fiamah, Sinkor, Monrovia station. While 2,350 gallons were stored at the Fish Market Gantric," the indictment alleged.
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The remaining 54,000 gallons were stored at White Plains water treatment plant in Caldwell Montserrado County, the indictment noted.
Contrary to the purpose of the fuel which was intended for DE slashing operations as well as the operations of the standby generators at the water treatment plant, on May 21, 2020, Kamara instructed and approved the receipt of 8,000 gallons of fuel.
On June 1, 2020, the defendants received additional 11,000 gallons making it the total of 19,000 gallons that were taken to an unknown destination by George Nyenkan head of material administration.
"The said fuel cannot be accounted for by the defendants, and it was also sold to a vendor whose name Nyekan said he cannot remember, and the proceeds therefore were divided among them," the indictment alleges.
The LACC alleged that the defendants sold the fuel at a full market value of US$49,780 (then at the rate of US$2.62 per gallon).
