By Precious D. Freeman
One of the prosecuting lawyers, accused by the Montserrado County Attorney of misapplying the US$150,000 intended for the prosecution of the Charloe Musu trial, has broken his silence in the matter.
Addressing journalists on Wednesday, Cllr. Bobby Livingstone, who heads the Financial Crime Unit at the Ministry of Justice, admitted that the prosecution team received US$13,000 from the offices of the Controller at the Ministry of Justice, instead of the full sum of US$150,000, as was been alleged by Cllr. Sesay.
According to Livingstone, he received the amount of US$6,000 as a prosecution share of the money, saying, “This is the normal practice as prosecutors to receive funds from the Ministry that we will handle; we share it and use it for each of the cases for activities as the cases progress.”
Also, reacting to Cllr. Sesay’s claims that he did not receive a dime from the US150,000 and that the accused prosecutors distributed the money in his presence, Cllr. Livingstone claimed that Sesay received the amount of US$3,000, noting that during the first distribution, Cllr. Sesay was not a party to the case, but during the second distribution, he (Sesay) received and signed for his share of the US$3,000.
However, when Cllr. Sesay was contacted, he demanded Cllr. Livingstone to produce documentary evidence to support the claims that he received such amount.
“Let them provide the listing of lawyers who received the money. And if it is established that I signed and received the money, I will submit to a criminal investigation,” Cllr. Sesay challenged Livingstone.
Livingstone alleged that Cllr. Sesay’s frustrations come as a result of a communication on February 8, 2024 signed by Irwin Nimely, Human Resource from the Ministry of Justice.
Portion of Nimely’s communication reads: “I present compliments and bring to your attention, complaints received from lawyers that are continuing to make representations in court on behalf of the Government of Liberia. As you are aware you were appointed by former President George M. Weah and by law you represent the interest of government; however, any negative results emanating from the cases you have disposed of might produce serious financial and legal implications on the institution.
“It concluded, “In view of the aforementioned, we kindly request that you refrain from making representations on behalf of the Ministry and turn over all government assets to my office until your reappointment. Please accept sentiments of highest consideration.”
The letter was also cc copied to Cllr. Livingstone, Adolphus Karnuah, and Elizabeth Nelson, who is the Court Administrator.
In response to the Controller’s letter, Sesay wrote “I acknowledge receipt of the communication dated February 8, 2024, and as Director of Human Resources, I am equally mindful not to do anything that would prejudice the interest of Government.”
Cllr. Sesay’s letter also said, “Notwithstanding, I would like to bring to your attention that it has been the custom, tradition or practice that the County Attorneys of the various counties hold on to the post pending the reappointment and or appointment of a new county attorney.
This is the reason why all of the County Attorneys of the fifteen counties are still holding on. I am of the belief that it is not your intention to create a void in the office of County Attorneys in the absence of appointment by the President, as same has national security implications, especially so when courts are to open on Tuesday, February 13, 2024 and the County Attorneys are required to be present to coordinate the prosecutorial activities of the Government.
In this light, I ask that you abide by this established precedent and withdraw your letter to allow all County Attorneys to continue to carry on their functions pending appointment of County Attorneys by the President.
I and the rest of the County Attorneys are willing to vacate our offices and turn over government properties as soon as new County Attorneys are nominated, confirmed, appointed, and commissioned.”
It can be recalled that Cllr. Sesay alleged that US$150,000, given by former President George Manneh Weah placed in the care of the Solicitor General, Nyenati Tuan, as prosecution funds for the trial of the former Chief Justice Cllr. Gloria Musu-Scott and three other family members, who were convicted and sentenced to life imprisonment for murdering Charloe on February 22, 2023, was misapplied.
The Scott prosecution fund was intended for transportation, feeding, and lodging of witnesses and lawyers if the case were to be transferred from Montserrado County to any part of the country, which did not happen, a source told journalists.
According to Cllr. Sesay, they should have returned portion of the money to the Controller since the proceedings were held in Montserrado County.
According to Cllr. Sesay, as a County Attorney, he was responsible to take custody of the money, but he said those prosecutors who were prosecuting the case shared the money among themselves.”
Cllr. Bobby Livingstone, Adolphus Karnuah, and the other lawyers, shared the money right in my presence without giving me a dime as a County Attorney,” Cllr. Sesay alleged.
He claimed that the Solicitor General Tuan was coerced by Livingstone and Karnuah to give them the money, which he did. After receiving the money, they attempted to drop the case, but with his intervention, even though he claimed that he was not part of the distribution of the money.
When the Solicitor General was contacted, he admitted to receiving the money but denied the distribution of any funds as claimed by the County Attorney. “I received the money but it was used for the intended purpose.”
Cllr. Tuan contradicted Cllr. Sesay’s allegation that money shared among the prosecutions and the intent of it was not achieved. As for Cllr. Karnuah, he said he did not receive a dime from the money, referring the reporters to Controller Milton M. Gaye of the Ministry of Justice.
