Queries Entrap US$317M Cocaine Indictment

Indictment in the cocaine has raised questions more than the answers.

As such, Acting Solicitor General, Abraham Boimah Sillah, has defended government’s decision to indict 20 individuals in connection with the US$317 million cocaine trafficking case.

Sillah insisted that prosecution is driven by “evidence rather than political considerations.”

He told a news conference in Monrovia on Thursday, October 8, the Montserrado County Grand Jury returned the indictment on Tuesday, October 6, following a review of evidence the government submitted.

The indictment was subsequently unsealed on Wednesday, October 7. It formally moved the case from investigation into judicial proceedings.

The 20 defendants are former Vice President Jewel Howard-Taylor, Gerald Foley Smith, Casey Nelson, Christopher Saye and Mark Kuyah.

Sillah said, 15 of those indicted are Liberians, while five are foreign nationals, two of whom are currently in custody at the South Beach.

He said, several Liberians have already been arrested, and slapped with the indictment, and writ of arrest.

Sillah named Edison M. Brown, Mohamed Affal Bar, Gerald Foley Smith, Mark Kuyah, Casey Nelson, and Christopher Saye, among those taken into custody.

But as the case enters the courtroom, questions have emerged over the strength of government’s evidence, the lengthy period between the initial arrests, and the filing of the indictment; whether the prosecution can ultimately establish the US$317 million cocaine conspiracy beyond the investigative claims that have dominated public discussion.

On that, Sillah acknowledged the delay and apologized to the public, but argued that the additional time was necessary following changes in the leadership at the Ministry of Justice.

He said newly appointed acting officials needed to conduct a comprehensive review of the investigative files, evidence and legal procedures before the government can proceed.

“We were obliged to request time to dive into the investigative processes, and procedures.”

Sillah said, the review was to determine whether the available evidence was sufficient to sustain criminal charges.

The government subsequently concluded that the allegations warranted presentation before the Grand Jury, according to Sillah.

The indictment now places the burden on prosecutors to translate the evidence gathered during the investigation into a legally sustainable case before the court.

Sillah has meanwhile, strongly rejected accusations that the case is politically motivated. He described claims of a “political witch hunt as unfounded.”

He maintained how the government’s decision was based on evidence, and that the judiciary, rather than political actors, will ultimately determine the guilt, or innocence of the accused.

Sillah also defended the conspiracy charges. He explained how an individual accused of conspiracy does not necessarily have to be physically present when an agreement is made, or when the alleged offense is committed.

He said conspiracy allegations may involve individuals, who play different roles in the execution of an unlawful scheme.

However, the explanation is unlikely to end public debate over the case, particularly as several defendants, and their supporters are to challenge the government’s interpretation of the evidence, and the legal basis of the charges.

Sillah said, prosecutors have continued efforts to locate, and arrest individuals, who remain outside government custody as they prepared to respond to possible legal challenges from the defendants.

He said, the government intends to pursue a speedy trial, but will respect whatever decision is ultimately reached by the court.

He clarified confusion surrounding the criminal courts mentioned in the indictment, and writ of arrest.

Cllr. Sillah: “Criminal Court ‘A’ handled the procedural issuance of the indictment, while Criminal Court ‘C’ has jurisdiction to hear the trial.

Sillah said, the Ministry will provide relevant information when necessary, but will not respond to every public reaction surrounding the case.