Lawyers representing the government and Ecobank Liberia limited have wrapped up their question and answer portion of the movant’s request for a separate trial, leaving the Criminal Court ‘C’ to resolve the major issue of whether the bank conspired with other co-defendants, including the Secretary of the Liberian Senate, Nanborlor Singbeh, to dupe two Czech Republic investors of US$5 million.
Both sides indicated that Judge Ciapha Carey should use his sound judgment to be backed by the law in deciding the controversial motion for severance and separate trial.
No date was set up immediately by Judge Carey, as to when he would deliberate on the matter after the parties (movant and respondent) rested with their respective defenses.
If Carey ruled in favor of the co-defendant bank, according to the prosecution, the judge would clear the way for the dismissal of the entire indictment, because, the movant and the other defendants were indicted jointly and severally for multiple criminal offenses, including economic sabotage, theft of property, forgery, criminal conspiracy, and criminal facilitation.
“Hence, were this court to severance co-defendant Ecobank from the rest of the defendants, will collapse the said indictment, therefore, the motion for severance and separate trial must be denied and dismissed,” the head prosecutor and Assistant Minister for Litigation at the Ministry of Justice (MoJ), Counselor Wesseh A. Wesseh, lamented during the argument.
Cllr. Wesseh also argued that the indictment is cleared in that co-defendant Ecobank did collude and conspire with co-defendant Nanborlor Singbeh and others to deprive the private prosecutors (Martin Miloschewsky and Pavel Miloschewsky) of their tangible properties, (the US$5 million).
However, the bank’s lawyers argued that “Nowhere in the indictment, out of which the motion grows, is it mentioned that any of the other defendants, named movant, participated in any act of economic sabotage, theft of property, forgery and criminal conspiracy as charged in it (indictment).”
They added, “So movant is entitled to be severed and tried separately from the other defendants named in the indictment, subject of the motion for severance and separate trial, as a matter of law.”
The indictment alleges that during the periods of June 2013 up to and including July 2019, in the city of Monrovia, Montserrado County, “you, Ecobank Liberia, planned, conspired and duped private prosecutors, Pavel Miloschewsky and Martin Miloschewsky of Czech Republic, out of US$5,062,419.10, thereby depriving the private prosecutor out of their tangible properties.”
Out of the US$5 million, the prosecution has repeatedly claimed […]
