Monrovia - Grand Kru County Senator Albert Chie is expected to appear before Criminal Court C’ to show why he should be allowed to file a new bond. The appearance of the senator followed an exception to the bail bond by the Ministry of Justice.
The prosecution stated that the bond filed by the defendants through the Sky Insurance Company is insufficient as it fails to meet the legal requirements for the sufficiency of a bail bond under Liberian law. The court requested the Senator to appear on May 10, 2015 to show why Sky Insurance Company should grant him a new bond instead of the one earlier filed.
In their motion, which is in possession of FPA, the movant prayed the court to permit him to withdraw the original criminal appearance bond and to also be permitted to have same replaced with a new criminal appearance bond in the proceeding. The movant said he (Senator Chie) is one of the defendants charged with the commission of the crimes of Economic Sabotage, Bribery, and intimidation and criminal conspiracy.
In count 4 of the motion, the defendant lawyers pleaded with the court to permit him withdraw the original bond and have the same replaced with a new criminal appearance bond in the amount of US$125,000.00 with the Omega Insurance Company as surety. The movant said the motion is based on the provisions of section 63.9 of the civil procedure law, which provides for the filing of a new bond.
The case involved the Republic of Liberia by and thru the Ministry of Justice versus Clemenceau Urey former chairman Board of National Oil Company of Liberia, Cllr. Stephen Dunbar Jr, Peter B. Jallah Jr, D. Evelyn Kandakai, Grand Kru Senator Albert Chie, all former members Board of Directors, NOCAL, Dr. Fodee Kromah former president /CEO, NOCAL, Fulton Reeves, comptroller, NOCAL, Timothy G. Wiaplah, former Senior Accountant, NOCAL, Alomiza Ennos Barr, former member, 52nd Legislature and J. Nanborlor Singbeh, secretary of the Liberian senate.
The ten were indicted by the ministry of Justice for allegedly committing the crime of Economic Sabotage, a felony of the first degree in violation of chapter 15, subchapter F, section 15.80(a) (b) (c) (e) of the new penal law of Liberia, title 26 of the Liberian code of laws.
Urey, Dunbar file motion to dismiss indictment
Two of the indictees in the economic Sabotage case, have filed a motion to dismiss the indictment against defendants Clemenceau Urey and Cllr. Stephen Dunbar. Said the defendants lawyers: “It is prevailing law in this jurisdiction that any defense or objection that is capable of determination without trial of the general issue, may be raised before trial by a motion to dismiss the indictment, for reliance: section 16.7 (1) of the criminal procedure law.”
The motion which includes 11 counts stated that the indictment charge the two defendants with the commission of Economic Sabotage, Bribery and criminal conspiracy; the indictment was subject to this motion, was obtained on February 23, 2015, however, by the plaintiff‘s own admission in count 12 of its indictment, the alleged offenses were committed between May 2006 and May 2007.
In count 5 of the motion to dismiss the indictment, the movants said section 4.2(a) of the criminal procedure law requires and mandates that a prosecution for a felony must be commenced within five years of the commission of the offense.
“Movants maintain and contend that relying on the plaintiff’s admission that the charged felonies were committed between May 2006 and May 2007, the prosecution of the charged offenses was mandatorily required to have commenced within five years of May 2007, that is to say not later than May 2012” Movant said.
The defendant’s lawyers said it a period of almost eight years from the time of the commission of the alleged felonies between May 2006 and May 2007, and when the indictment was obtained on February on February 23, 2015, this is almost three years beyond the period within section 4.2 of the criminal procedure law. The movant prayed that the indictment be dismissed with prejudice as a matter of law. Pieere, Tweh and Associates and Dean and associate are representing defendant Urey and Dunbar.
“Wherefore in view of the forgoing, movants prayed your honor to dismiss the indictment with prejudice against them for alleged commission of the crimes of economic sabotage, criminal conspiracy and bribery, discharge movants from further defending the alleged crimes, return the bonds filed by the movants and grant unto movants such other relief as to your honor deem just and legal,” the movants stated.