For Illegal Release Of Convict: Attorney Karnley, Judge Carey Implicated

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The Ministry of Justice, on Monday, November 26, held Cllr. Juma P. Karnley responsible to produce the living body of a Ghanaian national, Abdul Razak Kawarnu,  who was convicted for scrapping a D-8 Yellow Machine valued at US280,000. Te ministry’s letter to Cllr. Karnley indicates:  “Let it be known that you shall take full responsibility should in case the need arises in locating or producing the said convict for further arrest.” According to the letter signed by Cllr.  Nyenti Tuan, Solicitor General,   Kawarnu is not a pretrial detainee, rather a convict. Furthermore, Cllr Tuan noted: “Your communication under reply did not proffer the medical report from any recognized hospital and as, a prosecutor, you are conversant with Chapter 34, section 34.5 of the criminal procedure code.” The ministry’s letter has been triggered when Hans Armstrong,  a British national and owner of the Machine filed a complaint  against Cllr. Karnley and the 11th Judicial Circuit Court in Bomi County,  presided over by Judge Ciapha Carey.  In his complaint, Armstrong claimed that without his knowledge and consent, Judge Carey and Cllr. Karnley took a unilateral decision to release Kawarnu from prison without making the payment of US$37,500 as the 25% judgment amount of US$135,000. It can be recalled that Kawarnu was convicted by then Judge Peter Gbeneweneh, on October 12, 2022 and sentenced to prison, but his sentence was suspended  due to Kawarnu’s ill health condition, and ordered  an immediate restitution of 25% of the judgment amount of US$135, 000, totaling US$33,750.  He was convicted for scrapping a D-8 Yellow Machine valued at US280,000, owed by the Horizon Company belonging to British national, Hans Armstrong . According to the court records, Convict Kawarnu was released after the Ministry of Justice through Bomi County Attorney Karnley, in May 2023, wrote the court providing details information relating to the seriousness of Kawarnu’s illness that required further medical treatment. Judge Carey, on March 7, 2023, reportedly enforced the prison sentence of Kawarnu, after he failed to make the 25% payment of which the sentence was suspended, the records noted. The judge’s decision was also said to be due to the withdrawal of the Sky Insurance Company that had provided the criminal appearance bond, which bond prevented the court from enforcing the sentence portion of the judgment. According to the document,  Judge Carey taking into consideration the letter of the ministry emphasizing the illness of Kawarnu, decided to request for two sureties  to guarantee the release of Kawarnu and subsequent compliance with the judgment. It was based on the request that the ministry submitted the names of James G. Foday and Paulina Karpeh, the court records said.  It was Foday and Paulina Karpeh who wrote a promissory note on May, 30,2023 detailing the payment of the 25% as demanded by the judgment. The sureties also agreed to ensure that as of July 2023 to December of 2023, they would have completed with the 25%payment which is about the US$33,750, the court documents added. The promissory note, according to the records, was approved by Judge Carey, which led to the release of Kawarnu, the court documents noted. According to the court records, on August 22, 2023,  Foday made a cash deposit of US$500 as advanced payment for the 25% (US$33,750} of the judgment amount of US$135,000. The money was paid directly to Major Nah T. Weagba, County Sheriff of Bomi County, an employee of the ministry.  Defendants Isaac Kollie, Abdul Razak Kawarnu (the Ghanaian national), Bobby Dunor, Amos Sando and Abraham Adams, were arrested and charged by officers of the Liberia National Police (LNP) assigned to Bomi County in connection to the scrapping of a D-8 Yellow Machine valued at US$280,000 that was parked in Malama Town, Senjeh District, Bomi County, belonging to the Horizon Company, a company owned by Armstrong, based in Monrovia. Atty. Karnley, Judge Carey

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