Judge Feika Suspend Singbeh & Others Pending Issuance Of Regular Notice Of Assignment in US$5M S

The assigned Circuit Judge presiding Criminal Court “C” Ousman F. Feika has hereby suspended Senate Secretary J. Nanborlor Singbeh and others pending the issuance of a regular notice of assignment involving in a United States Five Million case.

Judge Feika added that until the Prosecution will do the needful to guarantee speedy trial for the defendants who are presently the Court.

He said upon the said Report, it is evident that with the exception of Co-defendants Chapman Logan, J. Nanborlor Singbeh, Gloria Cane, Deddeh Singbe, Jan Holasek, Othello Karr, George Wisner, Alpha Morrah and Mulbah Kennedy, who have been served with the indictment arrested and brought under the jurisdiction of the Court.

Judge Feika furthered said Co-defendants Ousman Fofana, Patrick Saah Siapiah, Ecobank Liberia Limited and Afriland Bank, who have aslo been served the indictment and the Writ of arrest and brought under the jurisdiction of the Court, but are not in Court because the notice of assignment for today’s hearing was not served on them.

The Judge stated that Co-defendants Alex Saramek, Karel Socher, Sylvester Selvkpoh, Barry Tequah and Patrick Siaphie, who have neither been served with the indictment and the Writ of arrest and brought under the jurisdiction of the Court noting that these proceedings cannot be continued as in keeping with the requirements and provisions of the criminal procedure code.

“It is a cardinal requirement under the Criminal procedures law that defendants who have been indicted must be served with the said indictment along with a Writ of arrest in order to bring them under the jurisdiction of the Court ” Feika said.

Additionally, Judge Feika lamented that it is also the requirements under the Criminal procedures code that defendants jointly charged under a single indictment and all of whom have not been brought under the jurisdiction of the Court, to proceed with trial is tantamount to injuries the interest and defense of the defendants who have not been brought under the jurisdiction of the Court.

Judge Feika said while it is true and as per the Criminal procedures code and the constitution of the Republic of Liberia that defendants who are charged of criminal offenses by the state are entitled to speedy trial, the said speedy trial requirement can only be delivered or can only be satisfied as per the constitution if the prosecution does the needful to guarantee speedy trial for the defendants present in court.

The Prosecution requests the court to call upon the sheriff of the honorable Court as to the matter of service of the Notice of Assignment on the defendants.

Prosecution says its application is on the backdrop from the fact that the face or the captain of the indictment carries several individuals, most of whom are not in Court and that their absence from these proceedings will constrain prosecution to proceed with these proceedings.

In resisting prosecution’s submission to ascertain from the Sheriff as to the matter of Notice of Assignment, Defense counselors says that the practice and procedure is that the defendants are represented by counselors and the said assignment is served on the counselors and not the defendants.

The Defense counselors revealed that the absence of some of the defendants, the Court need to ascertain as to whether all of the defendants were brought under the jurisdiction of the Court instead of asking the sheriff to say whether the Notice of Assignment was served on all of the defendants which is not the practice in the jurisdiction.

The defendants were charged with Economic Sabotage, Theft of Property, Forgery and Criminal Conspiracy.

The Republic of Liberia is represented by the Ministry of Justice and present in Court for today’s proceedings, Cllr. Wesseh A. Wesseh, while co-defendants Singbeh, Holask, Soeher, Saramek, Cane, Kennedy, Siapiah, and Madam Singbeh, have been represented by the Wright and Associate Law Firm in association with Sayeh and Sayeh, present in court are Cllr. G. Wiefueh Sayeh, J. Augustine Toe and Cllr. Joseph Gibson to be joined later by Cllr. Michael Wilkin Wright.

Co-defendants Karr, Wisner have been represented by the Montserrado Law Partners, formerly Dean and Associates Law Firm, present in Court, Cllr. Paul Philip Jarvan in Association with Cllr. Power C. Hilton.

It can be re-called that Justice Kaba has lifted the stay order filed by Singbeh’s legal team, allowing him to be prosecuted in three different courts.

Senate Secretary Singbeh will now face his accusers in the over US$5 million theft case, after Associate Justice Yussif Kaba, presiding in the Chamber of the Supreme Court, refused to issue an order preventing Singbeh from answering to the accusation.

Justice Kaba on Monday, October 14, 2019, mandated courts throughout the country to stay from further proceedings.