By Dyujay Jackson*
Lawyers representing the Guaranty Trust Bank Liberia Limited or GT Bank are calling on the Judge of Criminal Court “C”, T. Ciapha Carey to dismiss the criminal indictment against them after pleading not guilty.
GT Bank is charged with several crimes ranging from Theft of Property, Misapplication of Entrusted Property and Criminal Conspiracy.
Atty. Tye Booker Ragland who is one of the legal counsellors representing GT Bank begs the court to dismiss the indictment against his client on six (6) counts.
During Tuesday, February 22, 2022, hearing Atty. Ragland argued that Section 16.7 of the Criminal Procedure Law states in section 1 that “any defense or objection which is capable of determination without trial of the general issue may be raised before trial by motion to dismiss the indictment”..
He furthered, that the indictment allegedly claims that the defendant misapplied and stole money over US$930,000.00 which the indictment says were unauthorisedly removed or taken from the Kailondo’s account.
Atty. Ragland explained that apparently in acknowledgment of the principle of law, the private prosecutor has filed an action of damage growing out of the selfsame general deposit contract with the bank.
Atty. Ragland prayed the court to dismiss the indictment for lack of subject matter jurisdiction and order that the matter be processed in the court with appropriate jurisdiction consistent with the Supreme Court Opinion.
In response to the defendant’s pray, prosecution lawyers headed by Cllr. Bobby Livingston revealed that the submission made by the defendant’s lawyer is fatally weak as it is premature and an attempt by them (GT Bank) to gloss over a pending order issued by the court on February 21, 2022 which the court ordered that the Managing Director of GT Bank, Deputies, Operations Manager, Executive Director and Comptroller be present in court on February 22, 2022 keeping with the law which they all refused to obey.
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