MONROVIA September 21 (LINA) - The Presiding Judge at the Criminal Court “C” at the Temple of Justice has instructed the Grand Jury to re-file a 10-year-old indictment in a case pending before the court.
The indictment is against Hassan Atieh for an alleged misapplication of US$42,000 in cash and properties entrusted to him by Demenia Gborbea, a private prosecutor, from 2004-2012.
Judge Yusuf Kaba dismissed the indictment earlier Friday because, according to him, the indictment which charged the defendant with the commission of the crime was instituted 10 years after said crime was allegedly committed.
It will be recalled that the Grand Jury indicted Atieh on January 14, 2004 for “criminally” intending “to defraud” Gborbea of her property and cash while she was in the United States of America.
Gborbea, according to the indictment, decided to establish business in Liberia and entrusted defendant Atieh with a 40-foot container containing use clothes to sell and report the proceeds.
It is further stated in the indictment that Gborbea sent US$9,000 to Atieh through Western Union in order to clear the container and purchase goods for the private prosecutor, but he allegedly converted all to his own use.
According to the indictment, the total value of the properties and cash allegedly received by defendant Atieh is US$42,000 for which he has admitted to the commission of the crime of misapplication of entrusted property.
In his ruling, Judge Kaba said the prosecution argued that the crime is not time bound because the year 2004 is not the year in which the crime was committed, rather it was the year when the goods, the subject of the crime, was entrusted to Atieh from 2004 up to 2012.
According to Judge Kaba, the purpose of a trial is to do justice, and as such, the act of commission should not substantially affect the right of a party, noting, “The defect in the indictment is due a private prosecutor not to the grand inquest.”
The court said an indictment which fails to give notice due to defect is a proper subject of dismissal, provided, however, that if the defect is one of technicality nor one of substance the law provides that the same stand the right to be corrected so therefore the case should be re-filed.
LINA CMJ/PSN/JGT