The Justice-in-Chambers at the Supreme Court of Liberia Joseph Nagbe has threatened to issue an alternative ‘Writ of Certiorari’ in the ongoing trial of five former ex-CBL official who were recently indicted for stealing over L$2.6 billion from the Government of Liberia.
A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.
Justice Nagbe decision was based upon the prosecution application for a writ of certiorari in the recent ruling by the Judge of Criminal Court ‘C’Peter W. Gbeneweleh in which he granting the bonds filed by the five defendants.
According to the prosecution, the application before Justice Nagbe indicated that the bond filed by the defendants is not sufficient enough to released them from detention, adding that the lawyers of Heritage Partner and Associate should not be allow to represent defendant Milton Week because they are representing the Liberia Revenue Authority (LRA) which is a government entity, and as such cannot be allow to defend the interest of a criminal defendant against the same government.
But Justice Nagbe in a conference with the parties on Monday upheld Judge Gbeneweleh ruling in granting said bond of the defendants, and subsequently granted lawyers of the Heritage Partner and Associate a 24 hour ultimatum to vacate the case.
Justice Nagbe threatened that if they do not leave said case he will issue the alternative writ in the case.
Criminal Court “C” on June 17, 2019 granted the bond filed by the five former officials of Central Bank of Liberia.
Although the prosecution filed motion for justification of the sureties presented by the defendants on grounds bond was not sufficient to have said defendants released from further detention.
But, Judge Gbeneweleh prior to granting the bond opined that the bond filed by said defendants was sufficient and adequate to released them from detention and could also secure and guarantee their appearance before court when required
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