Court Grants Bail To Liberian Wanted In American Court
By Ora Garway
The Criminal Court “C” at the Temple of Justice Judge S. Geevon Smith yesterday granted bail to a Liberian residing in Liberia who was charged and indicted by the grand jury of United States District Court, District of Columbia for several extraditable offenses.
The defense lawyers on May 5 of this month complained to Criminal Court “C” Judge Judge Geevon Smith that the acting stipendiary Magistrate of City Court, Wondah Sondah refused to grant their client Daniel Johnson bail upon the directive of the Justice Ministry headed by Cllr. Philip Banks.
Defendant Johnson who was an employee of the International Republican Institute(IRI) has been charged and indicted by the grand jury of the United States District Court of the District of Columbia for allegedly diverting into his personal use two hundred forty thousand United States dollars (240,000) for the supra institution.
Judge Smith pointed out during his ruling that the issue before the court was whether or not a fugitive in an extradition proceeding is entitle to bail. The Judge responded to his rhetorical: “Without hesitation, this court must answer to legal question with a qualified yes.”
He observed that bail is a fundamental right under our organic compact except in the instant of capital offenses or other grave offenses as provided by law.
“Our statute also provides for bail in extradition proceeding”, the judge noted.
He relied upon section 8.8 title 2 volumes 1 of the Liberian Codes of Law Revised. The judge pointed out that the court is of the view that no one Liberian must be involved or support criminality.
Judge Geevon Smith continued that when a person is charged for an offense that person must be brought to justice only by the provision of the law and not by sentiment or self-made law.
“Since the statute provides for bail to fugitive in extradition proceeding except when it is shown that the offense charge is a capital offense, the law must apply, the petitioners' petition must be and is granted, the magistrate is ordered to grant the petitioners' client to bail in keeping with the provision of the law regarding bail”, Judge Geevon Smith.
State lawyers had earlier argued that Magistrate Sondah acted within his scope of authority. Atty. S. Wittness Doyen one of the state prosecutors contended during a few minutes argument by both parties prior to the ruling that a bail of the accused can only be done before the U.S. court that charged and indicted him.
Atty. Doyen argued further that the accused committed crime against the people of the United States because the money he diverted into his personal use was sent to Liberia by the Americans to help Liberians.
“Johnson did not steal from you that is why you do not have anything to do with him, he can stay here for the next 100 years you do not have problem with him,” Atty.Doyen averred.
Also Atty. Samuel Jacobs a state prosecutor told the court that the subject matter is not before the magisterial Court and so the magisterial court cannot grant bail.
“Before bail is granted , Atty.Jacobs said, “a subject matter must be pending before the magistrate, section 8.8 of Criminal Procedure Law does not hold in such case.”
Cllr. Charles Abdullai,one of the lawyers representing the accused argued that the granting of bail is not a privilege but a right. He said under the Criminal Procedure Law of Liberia, a fugitive is entitled to bail before the extradition hearing except when the offense with which the fugitive is charged is shown to be an offense punishable by death or life imprisonment under the laws of foreign state in which it was committed, instead of committing the fugitive to jail under a warrant of committal, the presiding magistrate may admit the fugitive to bail.
Furthermore, Cllr. Nyanti Tuan contended that Johnson worked for the IRI in Liberia and not America and because of that he cannot be a fugitive. According to him, once the crime was committed in Liberia , there can be no way where the defendant can be extradited to the United States to appear before a U.S. court.
In the action of extradition against the accused, the state claimed that in June 2004 to July 2006 Johnson while serving as project accountant for IRI knowingly embezzled, stole or obtained by fraud approximately USD240,000 in funds belonging to IRI being provided by the U.S. Agency for International Development (USAID).
The state contends that the IRI is a United States based international NGO with its headquarters in Washington D.C. and an office in Monrovia , Liberia . Johnson was said to be responsible for designing, organizing and maintaining financial tracking systems; maintaining and managing a paper and electronic record of all project related expenses and receipts.
The writ of arrest furthers that Johnson also prepared monthly financial report packages for submission electronically and in hard-copy form to IRI headquarters in Washington D.C.He was also entrusted with the cashing of numerous IRI checks drawn on an IRI account at the International Bank of Liberia (IBL).
After not receiving complete or accurate accounting information from the IRI Monrovia office, the writ furthers that an IRI resident project accountant traveled to Monrovia in July 2006 to reconcile IRI's bank account statements to the monthly reports Johnson had been sending to IRI in Washington D.C.
The reviewing accountant according to the writ of arrest found that numerous cashed checks made payable to cash had not been entered or accounted for in the reports and that Johnson refused to provide the resident project accountant with any explanation.
As a result of Johnson's scheme involving unreported checks made payable to cash, the writ furthers that fictitious vendors expenses, and artificially inflated payroll expenses, the IRI has sustained a loss of approximately 240,000 representing funds provided by USAID to IRI through the Cooperative Agreement.
Johnson has been indicted by the Grand Jury of the United States for wire fraud in violation of 18U.S.C. section 1343, mail fraud in violation of 18U.S.C. section1341, theft from a program receiving federal U.S. government funds in violation of 18U.S.C. section 666 and causing an act to be done in violation of 18U.S.C. section 2. He is wanted by the United States government to answer to these charges.
