Criminal lawyer Johnny Momoh and several other co-defendants, on Saturday, March 30, 2023, escaped jail sentence after securing what appeared to be a valid surety bond.
They are being charged with the crimes of burglary and theft of property, in the amount of US$575,385 plus L$80,000, at the Brewerville Magisterial Court.
But, the Civil Society Network of Liberia (CSNL) has described as bogus, fake, and insufficient, a surety bond filed by Cllr. Johnny Momoh in the case brought against him by Madam Marie Nellon at the Brewerville Magisterial Court which is calling for his immediate arrest.
On March 27, 2024, the Brewerville Magisterial Court issued a criminal Writ of Arrest for Cllr. Johnny Momoh and others on charges of burglary and theft of property, based on oath of complaint filed by Madam Marie Nellon but the CSO Network said the surety bond is insufficient.
According to the group, the Criminal Appearance Bond filed by Medicare Insurance Company in favor of Cllr. Momoh is greatly deficient and unsatisfactory, because it lacks the financial requirements to serve as security for the said Criminal Appearance Bond.
After a careful review of the case: “Republic of Liberia by and thru Marie Nallon vs Cllr. Johnny Momoh and others”, the group reminds the court that the available balance of US$429,746.99 on the bank statement of Medicare Insurance Company is far below minimum financial requirements for providing security for a bond penalty of US$1,500,000.
The CSNL expressed that it senses foul play in the circumstances and the period in which Cllr. Momoh filed the Criminal Appearance Bond, adding, “We wonder as to how the issuance of the Criminal Appearance Bond coincides with the date the Writ of Arrest was issued by the Court.”
They noted that this has the proclivity to undermine the independence of the Brewerville Magisterial Court under Magistrate Ernest F.B. Bana noting, “We urge Magistrate Bana to remain as judicially independent, and ensure that justice is served.”
However, on Saturday, the Brewerville Magisterial Court was a place of drama, as defendant Momoh and several others were arrested to answer to the charges due to a complaint from his embattled fiancée.
According to the writ of arrest, which is in the possession of this paper, the court ordered for the arrest of the living bodies of defendant Momoh and the others stating that the private prosecutor complained against the defendants.
The writ stated that in the Y.ED community, on Saturday April 8, 2023, at 8:00AM, the defendant, Johnny Momoh, proceeded to where she has resided for over two years, without any color of right, along with the co-defendants, and burst her door were she had all of her belongings.
The writ termed the alleged action as criminal, unlawful, and was carried out while the private prosecutor was out of the fence and had gone to take her COVID-19 vaccine to head to China.
The writ explained that, “At that time, the defendant entered the premises, broke the door, and went in with the co-defendants and others to be identified and allegedly stole, took, and carried away several belongings from the private prosecutor, to include the private prosecutor’s jewelries valued at US$500,000, and cash amount of US$75,385 plus L$80,000, amounting to the total of US$S575,385 plus L$80,000, which was the private prosecutor’s hard-earned business money and the value of her gold jewelries,” the writ pointed out.
The private prosecutor said that upon her arrival into her residence, she saw the defendant with the other co-defendants carrying away her belongings as named herein, and that her jewelries were placed in a gray bag which also contained
foreign currencies, to include Ghana cedis, Guinea Francs, Gambian Euro, CFA, China’s RMB, South African money, Kenyan money, Leones, and Moroccan money in various amounts.
“The act of the defendants being criminal, wicked, and intentional, the crimes of burglary and theft of property, the defendants did do and commit,” the writ concluded.
When the writ was served on the defendants, they were brought at the court but the prosecution requested the court to inform the defendants about their constitutional and statutory rights since it’s their first appearance.
The prosecution requested the court, in line with Section 1.6, Paragraph 4 of the Criminal Procedure Law, give the defendants up to Thursday, April 4, 2024 to take advantage of the law within Chapter 13.13 Criminal Procedure Law. Failure on their part, the law shall be applied,” they noted.
The defendants interposed no objections since the application is in line with the law, with today being the first appearance and sitting of the defendant stating,
“The defendants are having a solid and valid criminal appearance bond and awaiting your approval.”
The court granted the request of the prosecution and approved the criminal appearance bond, and said that they will commence the case on Thursday, April 4, 2024.
