IPNEWS: 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, and co-defendants argued that their indictment in 2023, under the George Weah administration, has suffered unnecessary prosecution delays by the Boakai led administration contrary to the provision of the law.
Defendants Smith and others contend that the continued delay violates their rights to due process and speedy trial, as provided by Article 21 (h) of the 1986 Constitution, the 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 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 of time without facing trial.
Section 18.2 of the revised criminal procedure law entitled;” Dismissal by 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 comptroller, Emetry Kpoeh, Germue Gbayaquiyah, Lawrence George 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.
Defense lawyers, however, have argued that during 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 reviewing, which they claiming is counterproductive to their client.
Court record obtained by the authoritative Independent Probe Newspaper, had on it 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 which placed the indictment now at $128,198.64
Previously the LACC, said between the period 2019-2022, the amount of US$1,795,0000.00 was transferred to LISGIS account with account number USD 6100064362 at the Eco-bank Liberia Limited could not be accounted for and that there have been several suspicious transactions of the said account.
Independent verification established that of the 1.7 Million Transferred to LISGIS Account came in two folds: $700,000 in United States Dollars and $48,000,000 in Liberia Dollars. The $700,000 was transferred through EcoBank to the Census Basket Fund Citibank Account in the U.S.A while the 48 Million Liberia Dollars was left in LISGIS ACCOUNT with the Board Approval For Operational activities. From The $48 million Liberia, $4,857,000 was used to paid Alex Williams graduate school tuition in Czech Republic and over 3 million Liberian Dollars expended for Census premarked materials. These transactions all sanctioned by the board . An Expenditure report of the $48 million Liberia Dollars report was submitted to the Board and the Liberia Senate.
It is alleged that authorities of 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. But independent verification shows that at no time Contract was awarded to several companies and there was no procurement done to bring in the 21000 Tablets and Power bands because they weren’t purchased but rather borrowed from the Ghanian Government through a South Cooperation. And that failure to withhold the tax on the tablets transportation payment was negligently done without any criminal intend, since in fact the payment was made through EcoBank for transfer to the Account of the Vendor.
It may be recalled, in June 2021, the Liberia Institute of Statistics and Geo-Information Services (LISGIS) told the Liberian Senate that it had passed on the US$1 million received from the government for the conduct of the nationwide census to the UNFPA on the instruction of the government contrary to earlier report that UNFPA only received US$700,000.00m bringing the actual amount unaccounted for at US$300,000.
Reports within the UNFPA indicated that the LIGIS implementing partner formally responded to an assertion that it received US$1 million for the census.
“The UNFPA has received only US$ 700K from Liberia Institute of Statistics and Geo-Information Services (LISGIS). We will be responding to that claim as far as we know only US$ 700k has been sent to the UNFPA,” the UNFPA source said.
At his Senate appearance, Mr. Francis Wreh head of LISGIS said the government promised his entity US$3 million of which US$1 million was given in partial fulfilment of the agreement between the government and the UNFPA for the conduct of the delayed population census.
The contract between the LISGIS and the UNFPA was for UNFPA and other partners to compliment the government’s funding of the census and at the same time manage the funds as per the UNFPA’s own financial policy.
Raising concern about the contract with the UNFPA, Senator James Biney (NPP, Maryland) said the contract stipulates whatever money is transferred to the UNFPA for the census will not be subject to the General Auditing Commission (GAC) audit, and that the contract did not go the Public Procurement Concession regulations. It also did not meet legislative approval.
But Mr. Wreh told the Senate that the contract was signed on the instruction of Finance and Development Planning Minister Samuel Tweah.
Professor Francis Wreh had appeared at the Senate to give reasons why Senators should sign another resolution to postpone the conduct of the population census.
Article 39 States: “The Legislature shall cause a census of the Republic to be undertaken every ten years.”
A Census was last conducted in 2008, in keeping with Article 39, Census should have been conducted in 2018, but was postponed by a joint resolution of the Legislature due to economic constraints.
Prior to this, the Plenary of the Liberian Senate mandated its committee on Autonomous Commissions and Agencies to advice the August body on a request from the former President of Liberia, George M. Weah seeking approval for the third postponement of the conduct of National Census which was slated for March 2021.
The communication from former President Weah to the Senate which was read on Thursday, June 3, 2021 indicates: “During the 2020, I requested a joint resolution of the Legislature, mandating the Executive Branch of the government to conduct a National Census by further extending the 2018 Census from December 8, 2019 to March 8, 2021, which was granted. However, on March 3, 2021, I received a communication from the Liberia Institute of Statistics and Geo-information Services (LISGIS), the institution clothed with the constitutional mandate to conduct the National population and Housing Census of the Republic of Liberia informing me that there exists a need for further extension to conduct the census at a specified date preferably March 20, 2022”.
The former President further noted that LISGIS has informed him that staff that were trained from February to March 2020 to conduct the geographic planning (GP) which is a precursor to census enumeration, were not deployed due to the outbreak of the COVID-19 that also halted so many things worldwide, and affected the census activities, including ordering of logistics internationally, while supply chains, transportation, and some factories disrupted.
Former President Weah: “LISGIS believes that the preferable date of March 20, 2022 will afford them ample time to conduct a nationwide Geographic Planning (GP) for a period of at most 10 months. The GP will delineate boundaries of newly created cities, clans, districts and or boroughs etc., across the Country and update the Country’s administrative database.
The former President stressed that based on LIGIS request, the GP will provide information of the number of enumeration areas across the Country that will serve as the basis upon which enumerators will be recruited for the main census enumeration,
“The preferable date will also provide sufficient time for the conduct of a pilot census and other activities and to inform on the need for improvement or recalibration of the methods and tools to be used for the main census enumeration,” President Weah said.
He also acknowledged that government attaches great importance to the conduct of the Census, noting that data collected will inform the formulation, implementation, monitoring and evolution of the government’s developmental agenda.
“In consideration of the aforementioned, I kindly request a joint resolution of the Legislature, mandating the Executive Branch of government to conduct a National Census by further extending the 2018 Census from March 8, 2021 to March 20, 2022.” Former President Weah concluded.
