Presiding Chamber Justice of the Supreme Court, Jamesetta Howard Wolokollie has placed a temporary stay on the controversial arrest warrant against Cllr. Musah Dean, former Justice Minister and Attorney General, in connection to the Ministry of Mines and Energy’s (MME) sale of a 53.34-carat diamond for US$1,003,880.55, instead of the US$11.5 million price tag.
Besides Minister Dean, other people to be arrested are Gesler E. Murray – former Minister of Mines and Energy, Mustapha Tounkara – President, Diamond Dealers Association, Korvah Baykah, James Biaku, Emmanuel T.J. Saye also linked to the diamond’s appraisal and certification.
The arrest order was issued by Judge Boima Kontoe of the Civil Law Court, immediately after publicly reading the judgment of the Supreme Court, affirming the lower court’s decision, to award the diamond to its legitimate owner, Mr. David Sluward and Mr. Mohammed Kamara.
The 53.34 carat diamond was discovered and recovered in Smith Town, Gharma Mining District #2. in Gbarpolu County, on Claim 12 F.
Despite the Supreme Court’s judgement, Judge Kontoe, while trying to enforce the high court’s decision, the judge, however described Minister Dean and his co-accused as a “criminal cartel” responsible for what he believes to be a “theft and sale” of a 53.34-carat diamond valued at $11.5M.
“The named individuals would be jailed at the Monrovia Central Prison, unless they can account for the whereabouts of the diamond,” Judge Kontoe declared.
Following Kontoe announced the imprisonment of Cllr. Dean and his co-accused, only the former Attorney General, had filed the alternative writ of certiorari, to review the lower court’s judgment.
In his writ, Minister Dean raised two significant constitutional defenses that will need the Full Bench of the Supreme Court’s interpretation.
His first defense is the Executive Law of Liberia, Section 22.2 (c) which states, that “the Minister of Justice is responsible to” furnish opinions as to legal matters and render services requiring legal skill to the President and other agencies of the executive branch of the Government”. This means the Minister acts as the chief legal advisor to the executive branch, providing expertise and services on legal issues to the President and other government bodies.”
Cllr. Dean is arguing that he did play any role in the Ministry of Mines and Energy’s sale of the diamond. Instead, he only provided a legal opinion, after he was appointed to head the joint security board of investigation, when the diamond was confiscated from Mr. David Sluward and Mr. Mohammed Kamara by the MME.
Cllr. Dean’s argument is backed by the MME own press release dated January 3, 2023, where the ministry admitted that the diamond was appraised by mineral valuators of the Ministry of Mines and Energy, through its Gold and Diamond Office (GDO), including an independent International Valuator assigned by the Kimberly Process Certificate Scheme (KPC),which put the value of the diamond at US$1.003.880.55.
Moreover, the ministry noted they are the regulator of all mineral activities in Liberia, the Exporter/Dealer paid a total amount of US$80,146.78, to the Government of Liberia through the Liberia Revenue Authority (LRA) from the sale of the diamond.
“The Government of Liberia, through the Ministry of Mines and Energy has clarified that the 53.34 carat diamond discovered and recovered in Smith Town, Gharma Mining District #2. in Gbarpolu County on Claim 12 F/survey was fully documented and accounted for and therefore met all qualifying requirements for shipment out of the Country,” the MME’s release added.
Importantly, the release said that the Government through the Ministry of Mines and Energy clarifies that the Exporter/Dealer went through all required processes of the Minerals and Mining Law through the Gold and Diamond office at the Ministry.
“It must be emphasized that said diamond was exported in full compliance with the Kimberley Process Certification Scheme (KPCS,” the release noted.
The Kimberly Process Certificate Scheme, of which Liberia is a participating country, is an international transparency mechanism that regulates the trading in rough diamonds.
The second defense of Cllr. Dean is Article 21 (I), which the minister argued that beside being a minister, he is also a lawyer, providing legal services to the MME.
The article states that, “The right to counsel and the rights of counsel shall be inviolable. There shall be no interference with the lawyer-client relationship.”
It adds, “In all trials, hearings, interrogatories and other proceedings where a person is accused of a criminal offense, the accused shall have the right to counsel of his choice; and where the accused is unable to secure such representation, the Republic shall make available legal aid services to ensure the protection of his rights.
There shall be absolute immunity from any government sanctions or interference in the performance of legal services as a counselor or advocate; lawyers’ offices and homes shall not be searched or papers examined or taken save pursuant to a search warrant and court order; and no lawyer shall be prevented from or punished for providing legal services, regardless of the charges against or the guilt of his client, no lawyer shall be barred from practice for political reasons.”
These are the constitutional issues that the Supreme Court expected to deliberate for a decision on whether or not to exonerate Cllr. Dean from the diamond’s saga.
Source: Liberian Observer
