Indicted officials of the Central Bank of Liberia have had some bit of relieves after Court accepted their bail bonds.
Criminal Court C Judge Peter Gbeneweleh ruled on Friday, June 14, 2019, denying Prosecution exception that the Sureties filed for defendants on grounds that the Bonds were not sufficient to keep defendants out of prison.
Court says that the Motion filed by prosecution during the hearing of the consolidated Motion for Justification of Sureties, was in the nature of an exception to Surety which should have been filed three days as required by Section 63.5 of the Civil Procedure Law.
As such the Court barred the subsequent Exception by Statute of Limitation.
Prosecution also argued that the bail bond for Crime of Economic sabotage must be equally the amount Charged in the Indictment under section 15.86 of the Amended Penal Code of 1986.
Prosecution furthered that the bail bond in the case must double the amount charged in the indictment under Section 50.9 of the Penal Code of 1976 which deals with unauthorized Fines and Restitution.
According to Judge Gbeneweleh, the Court has taken Judicial notice of Section 15.87 of the Amended Penal Code of 1986 which provides that A person tried and Convicted under this Sub Chapter ‘F’ shall be made to restitute the amount stolen and shall be fined and amount not less than Ten Thousand Dollars $10,000.00 or be imprisoned for not less than 10 years.
Judge Gbeneweleh said for a Felony of the first degree, the commission of which has resulted in gain for the defendants, an amount double the Game realized by defendant, but if such crime has not resulted in gain for the defendant, only imprisonment without a fine maybe imposed.
The court said that section 50.9 (1)a of the Penal Code cited by Prosecution is not applicable to the Crime of Economic sabotage, where the Legislature expressly provides the amount of fine to be imposed upon Conviction and Sentence of imprisonment.
The Court furthered that it cannot legally proceed contrary to the Provision of the specific Statute. Moreover, Court says that Article 21(i) (ii) of the 1986 Constitution Provides that all accused persons shall be billable upon their personal reconnaissance or by sufficient Sureties, depending upon the gravity of the Charge.
