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In Cummings’ Case, Court denies Prosecution Motion, but…

In Cummings’ Case, Court denies Prosecution Motion, but… Featured

The Monrovia City Court Judge has denied the Government of Liberia(GoL)motion filed to Subpoena the Service provider to produce all the WhatsApp conversations between the Alternative National Congress Political Leader, Alexander Cummings and other Political parties.

This comes as a result of Prosecution Team formally filing a Bill of Information requesting the Judge to issue the Writ of Subpoena ad testificandum on the service provider of which the said conversation was made to produce all of the WhatApp conversations made between the Collaborating Political Parties(CPP), which include Joseph Nyumah Boakai-(Unity Party) Nyonblee Kangar Lawrence- ( Liberty Party), Benoi Urey- ( All Liberian Party) and Mr. Cummings(ANC).

A subpoena ad testificandum is a court summons to appear and give oral testimony for use at a hearing or trial.

During the argument on Monday, March 4, 2022, the Prosecution team argued on the Writ of Subpoena ad testicandum, saying that the conversation marked P/6 and P/13 which said to be controversial by the Defense Team is total different from the conversation that is in their possession of the prosecution team.

Liberia’s Solicitor Cllr. Sayma Syrenius Cephus said all of their witnesses do not have such WhatsApp conversations that the defense team in person of Cllr. Abraham Sillah brought during discovery. He added that there was additional conversation within the chartroom. He furthered that the Judge either request to print the whole WhatsApp chatroom or remove the said sheets that were not part of the prosecution discovery.

In Judge Jomah Jallah’s ruling on Monday, April 11, 2022, he quoted section 14.1 of the Civil Procedure Law, which states that," A subpoena may require the attendance of a person to give testimony or to produce books, documents, or other things or both. A subpoena requiring the production of books, documents, or other things is referred to herein as a subpoena duces tecum. Every subpoena shall be issued under the signature of the judge or clerk and the seal of the court.”

Judge Jomah furthered that the cannot issued such Subpoena based on the jurisdiction issued. He added that the said institution to produce such information in the mind of the court is not in Liberia and the said instruments are far-fetched from producing them.

Due to that ground, Judge Jallah denied the motion in consistent with 14.1 while Prosecution took exception to the ruling.

At the same time, Judge Jallah ran to the Criminal Court "A" for clarification on ANC Political Leader Cummings traveling documents that were mandated by Judge Roosevelt Willie when he instructed Cummings to travel and present his traveling documents to the court.

This coms as a result of GoL filing a bill of information requesting Cummings provide photocopies of his Vticket to and fro of his trip to the United States of America alone with his American visa to prove that he traveled to the United States and returned to Liberia before or on March 25, 2022. Additionally, with his Liberian passport.

But the Defense suspects ulterior motives in State Lawyers' request for Cummings' passport with American visa, noting that the charges are politically motivated.

Speaking on the ground of Temple of Justice, Mr. Cummings said the ruling made speaks a lot. He termed the trial as a "Travesty of Justice".

Cummings mentioned that it's a political influence to delay the trial against him, Daniel Naatehn and Aloysius Toe. He described state prosecutors action as a selfish political motive.

He added that the Government is embarrassed about his continued stance against corruption and other vices directly affecting Liberians.

ANC Political Leader promised to remain vocal on the travesty of justice which he said is being observed in the ongoing trial against him of which they are innocent of allegations level against them.

 

Read 892 times Last modified on Wednesday, 13 April 2022 07:38
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