By Winston W. Parley
The Criminal Court “C” in Monrovia on Tuesday, September 1, 2021, received documents it has subpoenaed from the Clerk of the 8th Judicial Circuit Court in Nimba County.
Judge Ousman F. Feika gave the order after a defense lawyer in the ongoing economy sabotage, theft of property, forgery, and criminal conspiracy trial involving Senate Secretary Nanborlor F. Singbeh Sr., and former National Investment Commission (NIC) boss George W. Wisner and several others for which Mr. Armstrong is now a private prosecutor revealed that he (Mr. Armstrong) had earlier been indicted by that court for theft of property involving the same matter and individuals.
The Liberian Civil Procedure Law provides that without the restoration of the rights of a defendant who has been previously indicted in the same matter and involving the same parties like in the case of Armstrong, such matter shall be dismissed.
Judge Feika has set Friday, 3 September 2021 as the date to decide whether or not to dismiss the trial after receiving subpoenaed documents from the Clerk of the 8th Judicial Circuit Court in Nimba County.
The defense lawyers asked the trial court to dismiss the matter over the allegation that the private prosecutor, British national Hans Armstrong had earlier been indicted in the same case that he is prosecuting.
The defendants’ claim against Mr. Armstrong resulted in Criminal Court “C” ordering a subpoena of the indictment from the Clerk of the Circuit Court in Nimba County against the British national.
During the hearing, Wednesday, 1 September, Criminal Court ‘“C” Judge Ousman F. Feika reserved the ruling for Friday, 3 September 2021 at the hour of 3:00 PM.
“Now that this court has received and entered upon the records of these proceedings the documents subpoenaed from the 8th Judicial Circuit Court which formed the basis for the Application by Defendants’ counsel to have this matter dismissed on the grounds cited in the said Application, this court says it reserves ruling for Friday, September 3, 2021,” he said.
Defendants Singbeh, Wisner, and other indictees are in a legal fight against the complainant in the case of Mr. Hans Armstrong who is backed by Justice Minister Musa Dean.
The legal battle is rooted in a dispute between Singbeh and Armstrong over a question over the rightful ownership of two yellow machines that include one caterpillar excavator with model 325 DNL valued at USD120, 000.00 and one Atlas Copco Jackhammer valued at USD 225, 000, 00.
The machines belong to MHM EKO Liberia Inc, and the equipment in question is currently being rented by ArcelorMittal Liberia.
The Company MHM EKO Liberia Inc. was organized in May 2013 and registered as a legal entity in June 2013. Six months after its registration, Singbeh was joined by two foreign partners-Pavel Miloschewsky and Martin Miloschewsky. Singbeh served as President and CEO before the current controversy ensued.
Singbeh and the rest of the defendants are standing trial for alleged economic sabotage, theft of property, and criminal conspiracy. However, the defense team is alleging that the complainant Mr. Armstrong was charged with theft of property during the February 2020 Term of court in Nimba in the same case.
The defendants’ contention for seeking dismissal of the case brought against them by Armstrong is that one who has been indicted by the state is disqualified from coming to institute like action against those who through the state have had said individual indicted.
During a hearing earlier on Monday, 23 August 2021, former Montserrado County Attorney, Mr. J. Darku Mulbah, argued that such law is applicable in all criminal proceedings.https://thenewdawnliberia.com/in-singbeh-others-trial-judge-subpoena-clerk/