The mandate which affects the following banks: Afriland Bank, Access Bank, International Bank (Now GN Bank), United Bank of Africa, Global Bank, Liberia Bank for Development and Investment, Guarantee Trust Bank and ECOBANK (Lib) Limited, takes effect Thursday December,22, 2016.
Judge Gbeisay’s decision follows a motion filed by lawyers representing Sen. Sherman praying the court to dismiss the State’s plea to grant their motion of ‘Subpoena Duces Tecum’ in the ongoing Sable Mining bribery case involving Sen. Sherman, former Speaker Alex Tyler and others at Criminal Court ‘C.’
In their motion, Sen. Sherman’s lawyers among other things implored the court to dismiss the prosecutor’s application for a ‘Writ of Subpoena Duces Tecum’ noting that under the Doctrine of ‘Les Pende,’ there is another action between the same parties on the cause of action in another court.
But lawyers representing the state in the case resisted their motion arguing that the intent of Cllr. Sherman’s lawyers in filing the motion is to evade the implementation of the ‘precepts from the court’ intended to obtain essential instruments to prosecute the case against the Movant and the other defendants.
The prosecutors further contended that the earlier argument of the defense was that there was no case pending before the court for their motion to be granted, adding, now that the case is pending with the indictment of the defendants, there is no need for Cllr. Sherman’s lawyers to resist the state’s request.
The state lawyers among other things also argued that that their application for ‘Subpoena Duces Tecum’ pending at Criminal Court ‘A’ and the appeal pending before the Honorable Supreme Court of Liberia, are separate and distinct from the application for ‘Subpoena Duces Tecum’ before Criminal Court ‘C,’ stressing that the stay order growing out of the appeal from Criminal Court ‘A’ cannot therefore affect the application before Criminal Court ‘C.’
In his Ruling, Judge Gbeisay Jr. said that contrary to the Defense’ argument, the motion filed before Criminal Court ‘C’ by the Prosecutors for a Subpoena Duces Tecum was legal stressing that the two motions were filed on different actions and purposes.
He said although Section 8.3(1) of the Civil Procedure Law says that every order and other mandates requires to be served on each of the parties affected, the Service of Subpoena allows same to be served to the person named within the document.
Judge Gbeisay therefore dismissed Cllr. Sherman’s motion ordering the banks to produce all information subject of the Subpoena Duces Tecum to the clerk of Criminal Court ‘C’ within 72 Hours effective Thursday December, 22, 2016.
Legal pundits have observed that the court’s decision symbolizes new development in the ongoing Sable Mining corruption case that could speed up the trial, provide access to a major document that could reveal the trail of financial transactions linking Sen. Sherman and others named in a case that has left Liberia’s image battered.