Former LISGIS official wants US$1,795,000 indictment trashed
A former official of the government’s statistics house, the Liberia Institute for Statistics and Geo-Information Services (LISGIS), Wilmot Smith, who faces a criminal indictment along with other ex-officials of the Institute for corruption, is calling for the dismissal of the indictment because of lack of prosecution.
By Lincoln G. Peters
Monrovia, Liberia, September 16, 2024—One of four former top officials of the Liberia Institute for Statistics and Geo-Information Services (LISGIS) has filed a motion here seeking approval of Criminal Court ‘C’ at the Temple of Justice in Monrovia to dismiss the US$1,795,000 criminal indictment against him.
The Liberia Anti-Corruption Commission (LACC) indicted several senior LISGIS officials, including Director Francis F. Wreh, Mr. Lawrence George, Mr. Wilmot Smith, and Mr. Dominic Paye, for corruption.
However, the LACC documented through an Investigative Report that Mr. Francis F. Wreh, Mr. Lawrence George, and Mr. Dominic Paye, in the discharge of their duties as director general, deputy director general for administration, deputy director general for information and coordination, and comptroller, respectively, knowingly and willfully authorized the withdrawal and spending of cumulatively US$70,000 of the 2023 census fund in June this year.
“That, Mr. Francis F. Wreh, Mr. Lawrence George, Mr. Wilmot Smith, and Mr. Dominic Paye, in the discharge of their duties, as Director General, Deputy Director General for Administration, Deputy Director General for Information and Coordination, and Comptroller of LISGIS, having knowingly and willfully withdrawn and expanded the amounts of US$4,700; US$1,500, and US$2,640 (US$8,840.00) out of the Census account and paying to themselves and other staff extra compensation for performing tasks for which they were hired to do by Law, and for which they are being duly paid through monthly salary paid by the Government of Liberia (GoL), violated the following controlling Liberian laws: Subchapter D of the Penal Code Titled Bribery and Intimidation”, the LACC had documented in black and white.
Wilmot Smith, former director for information and coordination, argues that he and co-defendants were indicted in 2023 under the administration of former President George Weah. Still, the Boakai Administration has allegedly failed to prosecute them despite many succeeding terms of court to do so.
Smith also contends that the delay violates his rights to due process and a speedy trial, as provided by Article 21 (h) of the 1986 Constitution, Liberia’s criminal code, and other related laws.
Article 21 (h) of the Constitution partly states: “Unless upon indictment by Grand Jury; and in all such cases, the accused shall have the right to a speedy, public and impartial trial by a jury of the vicinity, unless such person shall, with appropriate understanding, expressly waive the right to a jury trial.”
Under the speedy trial doctrine, charges can be dismissed when a trial does not begin within two consecutive court terms, which is about ninety working days after the indictment.
This Act was enacted to protect the constitutional right to a speedy trial and ensure that defendants are not held in custody for an extended period of time without facing trial.
Section 18.2 of the revised criminal procedure law entitled, “Dismissal by the court for failure to proceed with the prosecution,” also states that “Unless good cause is shown, a court shall dismiss an indictment, if the defendant is not tried during the next succeeding term after the finding of the indictment.”
Mr. Smith, together with Prof. Francis Wreh, Director General; Lawrence George, deputy director general for administration; and Dominic Paye, comptroller, were charged with economic sabotage (fraud on Liberia’s internal revenue, misuse of public money), theft, and illegal disbursements and expenditures of public money.
Other criminal charges include misapplication of entrusted property, forgery and counterfeiting, unlawful rewarding of public services, unlawful compensation for existence in government matters, and Criminal Conspiracy.
The defense lawyer, however, has argued that during the discovery process, they observed that the LACC had drastically reduced the US$1,795,000 to US$128,198.64 without presenting the document for review, which they argue is counterproductive to their client.
The court record obtained by this paper had the signatures of three of the prosecutors: Cllr. Jerry D.K. Garlawolu, LACC’s chief prosecutor; Cllr. Oretha Snyder Davis, Commissioner of Prosecution; and Cllr. David A.B. Wilson, Commissioner of Prosecution.
According to the LACC, between 2019 and 2022, US$1,795,0000.00 was transferred to LISGIS account with account number USD 6100064362 at Eco-bank Liberia Limited, which could not be accounted for, and there have been several suspicious transactions of the said account.
It is alleged that authorities of the defendants, contrary to relevant provisions of the procurement and concessions commission and fraud on the internal revenue of Liberia, awarded contracts to several companies and failed to withhold taxes as required by law. Editing by Jonathan Browne
