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| 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.
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