One of the four former top officials of the Liberia Institute for Statistics and Geo-Information Service (LISGIS) has filed a motion seeking the approval of Criminal Court ‘C’ to dismiss the 1,795,000 criminal indictment against him.
Witmont Smith, former Director for information and Coordination, is arguing that he and co-defendants were indicted in 2023, under the George Weah administration, but the Boakai-led administration has failed to prosecute them, despite many succeeding terms of courts, to do so.
Smith has also contended that the delay violates his rights to due process and speedy trial, as provided by Article 21 (h) of the 1986 Constitution, Liberia’s criminal code, and other related laws.
Article 21 (h ) of the constitution, partly states that “Unless upon indictment by Grand Jury; and in all such cases, the accused shall have the right to a speedy, public and impartial trial by a jury of the vicinity, unless such person shall, with appropriate understanding, expressly waive the right to a jury trial.”
Under the speedy trial doctrine, it allows for the dismissal of charges when a trial does not begin within two consecutive court terms, that is about ninety working days after the indictment.
This Act was enacted to protect the constitutional right to a speedy trial and ensure that defendants are not held in custody for an extended period without facing trial.
Section 18.2 of the revised criminal procedure law entitled;” Dismissal by the court for failure to proceed with prosecution, also states that “Unless good cause is shown, a court shall dismiss an indictment, if the defendant is not tried during the next succeeding term after the finding of the indictment.”
Mr. Smith together with Prof. Francis Wreh, Director General, Lawrence George deputy director general for administration, and Dominic Paye controller were charged with Economic sabotage (fraud on the internal revenue of Liberia, misuse of public money), theft, and or illegal disbursements and expenditure of public money.
Other criminal charges include misapplication of entrusted property, forgery and counterfeiting unlawful rewarding of public services, unlawful compensation for existence in government matters, and Criminal conspiracy.
The defense lawyer, however, has argued that during the discovery process, they observed that the LACC had drastically reduced the US$1,795,000 to US$128,198.64. Without presenting the document for review, which they claim is counterproductive to their client.
The court record obtained by this paper had on it the signatures of three of the prosecutors, naming; Cllr. Jerry D.K. Garlawolu, LACC’S chief prosecutor, Cllr. Oretha Snyder Davis, Commissioner Prosecution and Cllr. David A.B. Wilson, Commissioner Prosecution.
According to the LACC, between the period 2019-2022, the amount of US$1,795,0000.00 was transferred to the LISGIS account with account number USD 6100064362 at the Eco-bank Liberia Limited could not be accounted for, and there have been several suspicious transactions of the said account.
It is alleged that authorities of the defendants contrary to relevant provisions of the procurement and concessions commissions and fraud on the internal revenue of Liberia awarded contracts to several companies and failed to withhold taxes as required by law.
