Skip to main content

Court Grants Beyslow Separate Trial

Miata Beysolow
The assigned judge at the Criminal Court "C" Temple of Justice, Peter Gbenewelleh, has granted request made by indicted former Commerce Minister Miata Beysolow to have a separate trial.
The former Commerce Minister and other government officials were indicted by the LACC on charges including misapplication of entrusted property, criminal conspiracy, criminal facilitation and violation of required Public Procurement Concession Commission (PPCC) procedures.
Judge Peter Gbenewelleh said based upon the averment of the movant and that of the resistance to the motion there was only one issue determinative of the facts and circumstances contained in the motion whether or not she was entitled to a separate trial on the defenses contained in the motion.
He further indicated on Thursday that: "the motion filed by the movant meets the statutory and constitutional requirements under our law, practice and procedures."
"The records showed that the co-defendant's statement and defenses are hostile and antagonistic to the defenses of the other co-defendants as evident on the face of the indictment and the Liberia Anti-Corruption Commission (LACC) investigative report," he added.

According to him, this was in cognizant of the Supreme Court of Liberia's opinion found in the case: William Bryant vs Republic of Liberia, 6LLR, 128, syllabus 9. He noted that the Supreme Court's opinion states that: "when several defendants are jointly indicted, a motion for severance trial should be granted as a matter of rights if, upon the face of the indictment there is no casual connection between the party of the indictment and the LACC's investigative report".
Accordingly, regarding said issue, the court maintained that the motion by the defendant for severance was a pretrial motion that does not require entering into plea of guilty or not guilty, but rather a testimony of the movant "which are patently hostile and antagonistic" to the other.
Moreover, the judgement of the judge to grant former indicted Commerce Minister severance trial was as a result of a 13 count-motion filed on the 9th of April 2016 on grounds that her defenses clashed with other co-defendants regarding the indictment.

She noted that the persons so charged are separate and distinct individuals, the differences of the accused are not the same and there is not a causal link between the movant's conduct and the conducts of the other co-defendants.
However, prosecution also filed a motion to dismiss motion earlier filed by defense council on May 11, 2016 on grounds that the request made by the co-defendant was intended to frustrate and delay the trial.
Prosecution said: "it serves to prejudice respondent since substantial amount of additional resources will be required to prosecute the same case twice, adding that respondent will be deprived of the opportunity of establishing a conspiratorial link between the movant and other co-defendants if granted the motion.
"None of the others has entered a plea to set forth any defense that may clash with or be antagonistic to the defenses of the movant," the prosecution added. Meanwhile, the court said it is a fundamental principle of the law that every person charged with a crime shall have the right to free, fair, impartial and speedy trial as guaranteed by the 1986 Constitution of Liberia.

Comments

Popular posts from this blog

Liberian-American Wilmot Collins unseats Mayor Smith - Becomes 1st Black Mayor In Montana

Wilmot Collins will be Helena’s new mayor, unseating incumbent Jim Smith in a close race Tuesday. 
Collins, 54, will be the city's first new mayor in 16 years after running a long campaign based in progressive principles.
“The people of Helena have spoken, and I am honored to be able to serve them,” Collins said as the night drew to a close. “I intend to work with commissioners, work for the people of Helena and find what is best for this city.”Collins also sought to praise Smith for his work over the past decade and a half.
“I commend Mayor Smith. He’s done a great job for the city, and I hope to work with him in the future," Collins said. 
At the La Pa Grill on 6th Avenue in downtown Helena, Collins and other members of the self-described “progressive ticket” watched and waited for the results of the 2017 election.
The feeling was festive as Collins received a call from U.S. Sen. Jon Tester congratulating Collins on his victory. Victory cigars were passed around the room at the …

Open Letter to President George Weah

C Liberia Clearly CEO calls on George Weah to take Arts and Culture seriously.
The Honorable George M. Weah, President of the Republic of Liberia, I write to endorse your "Pro Poor" agenda. I fully

support your call "to ensured Liberians are not spectators in the

Liberian Economy."    In

order to carry out this "Pro Poor" agenda successfully,

and in order to fully empower the young generation, the Liberian Entertainment Industry must be included. 

Arts and Culture has played a critical role in keeping our young citizens gainfully employed.  From the music industry to film industry to the fashion industry, this generation has benefitted from the employment opportunities arts and culture provides. 
To extend the benefits of arts, culture and tourism, the Liberian government must support and rely on arts and culture as a key input for rebuilding our nation. There are several actions this administration should take to strengthen the role that arts and culture p…

Liberia’s Inauguration Day

By Berenice Mulubah and Kru Cherie
Gbana Pekins and big juesWheelbarrow boys and Market girls Brabees and zogosPenpen boys and penpen girls 
Big boy one and big boy two
Mamie pepper and teacher pepperDecembrians and been-tos Not forgetting Dr. Turn around
All the Maco(s) and Paco (s) That Cerees speaking girl and senate juesMen have come and men have gone Our mothers have given birth to kings and queens 
Stand on Snapper Hill and sing it loud in Kolloque songLet all the good things flowClub beer, cane juice and palm wine tooFrom God to manthe palm wine can’t fini seh 
Tell Ma Hawa to bring the chewThe GB, Fufu and dumb boy tooPalmbutter, torbugee, Cassavaleaf can’t fini seh  
You see what God Nah doPapa God has brought us throughFrom many years of heartaches and shameWiping our tears away
Over the years we lost our waySpilling our own blood from pole to poleSwimming in hurts and painFor so many years things remained the same
Now the time has come To soak our feet in the sand of Sun Set beachSo…