By Lincoln G. Peters
-Chamber Justice declines to downside the peremptory writ
Justice in Chamber, Friends Justice Yamie Quiqui Gbeisay on Wednesday, Would possibly per chance simply 24, declined to grant the peremptory writ prayed for by the Liberian Executive no longer to return the US$200,000 seized from defendants within the US$100m drug case.
The Chamber Justice decision comes days after the accused were acquitted of all costs and the federal government became as soon as instructed by trial Think Blamo Dixon to return the defendants’ cash.
But the Executive throughout the Minister of Justice and Attorney Fashioned filed a peremptory writ, which sought to overturn the mediate’s decision.
A peremptory writ of mandate, or mandamus, is a judicial writ (i.e. roar) to any governmental body, government dependable, or lower court requiring that they produce an act or quit to act where the court finds that an dependable legislation, responsibility, or judgment requires them to care for out so.
At some stage in a convention with every parties in chamber, Friends Justice Gbeisay acknowledged he stumbled on no deserves within the case.
“After paying attention to every parties, I admire to decline in granting the writ of peremptory as prayed for by the prosecution. This decision is primarily based on the shortcoming of deserves within the case. Subsequently, I urged that this matter be trashed as a result of shortcoming of deserves,” Friends Justice Gbeisay ordered.
However, after listening to the verdict, prosecution announced an allure to the stout of the Supreme Court docket.
In its peremptory writ of prohibition filed on Tuesday, Would possibly per chance simply 23, 2023, prosecutors requested the Supreme Court docket to put a care for roar on the free up of the cash to the four contributors.
This comes after the announced its rejection of Think Dixon’s ruling that the US$200,000 seized from the four men be returned after their acquittals were pronounced.
Join free AllAfrica Newsletters
Win the most modern in African news delivered straight to your inbox
The federal government’s argument is that the cash in quiz became as soon as US$113, 000 and no longer US$200,000, adding that it became as soon as confiscated from one Gustavo Henrique who became as soon as tired by the federal government in absentia.
But for the length of his instruction to the jury who stumbled on the defendants no longer guilty, the prosecution claimed that Think Dixon remarked that if the Jurors had returned with a ‘No longer Guilty’ verdict, the US$200,000.00 taken from the defendants must be straight returned.
The federal government argued that Think Dixon’s roar to the jurors became as soon as wrong since it became as soon as no longer in his purview to downside such an roar.
Moreover, the prosecution argued that the amount in quiz would not belong to the four defendants who were assign free by the jurors.
In accordance with prosecutors, the federal government confiscated US$113,000 and no longer US$200,000, adding that the amount became as soon as deposited on the Central Bank of Liberia and a copy of the confirmation of the deposit of the amount (US$113,000.00) is in their possession.
Leave a Reply