-Chamber Justice declines to difficulty the peremptory writ

Justice in Chamber, Associates Justice Yamie Quiqui Gbeisay on Wednesday, Could 24, declined to grant the peremptory writ prayed for by the Liberian Authorities to not return the US$200,000 seized from defendants within the US$100m drug case.

The Chamber Justice resolution comes days after the accused have been acquitted of all prices and the federal government was instructed by trial Choose Blamo Dixon to return the defendants’ cash.

However the Authorities by means of the Minister of Justice and Legal professional Normal filed a peremptory writ, which sought to overturn the choose’s resolution.

A peremptory writ of mandate, or mandamus, is a judicial writ (i.e. order) to any governmental physique, authorities official, or decrease courtroom requiring that they carry out an act or stop to behave the place the courtroom finds that an official regulation, responsibility, or judgment requires them to take action.

Throughout a convention with each events in chamber, Associates Justice Gbeisay mentioned he discovered no deserves within the case.

“After listening to each events, I like to say no in granting the writ of peremptory as prayed for by the prosecution. This resolution relies on the shortage of deserves within the case. Subsequently, I urged that this matter be trashed as a result of lack of deserves,” Associates Justice Gbeisay ordered.

Nonetheless, after listening to the decision, prosecution introduced an enchantment to the total of the Supreme Courtroom.

In its peremptory writ of prohibition filed on Tuesday, Could 23, 2023, prosecutors requested the Supreme Courtroom to position a keep order on the discharge of the cash to the 4 people.

This comes after the introduced its rejection of Choose Dixon’s ruling that the US$200,000 seized from the 4 males be returned after their acquittals have been pronounced.

The federal government’s argument is that the cash in query was US$113, 000 and never US$200,000, including that it was confiscated from one Gustavo Henrique who was drained by the federal government in absentia.

However throughout his instruction to the jury who discovered the defendants not responsible, the prosecution claimed that Choose Dixon remarked that if the Jurors had returned with a ‘Not Responsible’ verdict, the US$200,000.00 taken from the defendants needs to be instantly returned.

The federal government argued that Choose Dixon’s order to the jurors was faulty as a result of it was not in his purview to difficulty such an order.

Furthermore, the prosecution argued that the quantity in query doesn’t belong to the 4 defendants who have been let out by the jurors.

In keeping with prosecutors, the federal government confiscated US$113,000 and never US$200,000, including that the quantity was deposited on the Central Financial institution of Liberia and a duplicate of the affirmation of the deposit of the quantity (US$113,000.00) is of their possession.