Africa-Press – Liberia. The Criminal Court “C” on Monday dismissed the case of economic sabotage, theft of property, forgery and criminal conspiracy against Senate Secretary Nanborlor Sengbeh and twelve others in the US$5.000,000 case without prejudice to the state.
According to Criminal Court “C” Presiding Judge, Ousman F. Feika, the main purpose of the ruling is to determine a critical legal issue which arose when the defendants counsel made an application for the dismissal of the defendants in these proceedings because there is an existing indictment of the private prosecutor in these proceedings in person of Mr. Hans Armstrong for the same crimes and same things for which the defendants have been indicted and are on trial.
He further said in his ruling that Hans Armstrong is currently indicted in the 8th Circuit Court of Nimba County by the defendants, and as such he is barrel by statue from bringing another indictment against the defendants for the same crimes and same things for which he had already been indicted in another court in the republic.
“Following this, the Court takes recourse to the records in these proceedings and says that during its Monday, August 17, 2021 sitting the Court was compelled to suspend hearing of this case because it had observed that all of the defendants whose names are mentioned in the indictment have not been brought under the jurisdiction of this court,” Judge Feika noted.
He added: “It is an elementary principle of law in this jurisdiction that in order for the court to have jurisdiction of a person, that person so named in the indictment and writ of arrest informing him/her of the charges brought against him/her by the state.”
Hans Armstrong, a British national, is the Attorney-in-Fact of two Czech brothers, Martin and Pavel Miloschewsky, who hold 70 percent share in the MHM Eko-Liberia Incorporated.
MHM Eko-Liberia is a majority Czech-owned rock crushing company that was situated in Seekie-Ta, Weala Township, in Margibi County.
Singbeh is the president and chairman of the board of directors of the MHM Eko-Liberia Inc., where he also holds a 30 percent share.
Nanbolor Singbeh, Secretary of the Liberian Senate, George Wisner, former Executive Director, National Investment Commission (NIC), Othello Karr, Incentive Officer of NIC and others were indicted last year for multiple crimes, including economic sabotage, theft of property, forgery, and criminal conspiracy based upon a complaint by the government of Liberia through Hans Armstrong.
They were accused of duping Hans Armstrong, a Czech investor of five million cash and equipment to operate NHM Eko Liberia Limited, a Czech Republic-owned company which he (Sengbeh) is believed to have 30 percent share while the Hans Armstrong (Czech Republic) has 70 percent share.
The initial five million was allegedly embezzled by Sengbeh in cash and equipment to kick-start the operation of a mining company in Margibi County, but it was later established by the Liberia Anti-Corruption Commission (LACC) that Sengbeh did not use the money for the intended purpose rather diverted same for his personal gain.
Meanwhile, the indictment, along with the charges contained therein, are accordingly dismissed without prejudice to the state, pending the full conclusion of the criminal charges against Hans Armstrong in the 8th judicial Circuit Court of Nimba County.
“The clerk of this court is hereby ordered to prepare a release in favor of the defendants in these proceedings hereby restoring their rights as guaranteed under the constitution of the Republic of Liberia,” the judge said.
