Criminal Court “C” Judge Osuman F. Feikai has ordered (subpoenaed) the management of FUTA Corporation to produce specific procurement documents and communications connected to the ongoing US$500,000 Saudi rice case.
The ruling followed a request from state prosecutors for the court to issue a subpoena duces tecum and subpoena ad testificandum against the company.
A subpoena duces tecum compels a person or institution to produce documents or other evidence before the court, while a subpoena ad testificandum requires a person to appear and testify.
Prosecutors asked the court to order FUTA Corporation to produce procurement documents relating to the supply of 29,412 bags of rice donated by the Kingdom of Saudi Arabia.
“At this stage, one of counsels for prosecution requests your honor of this court to issue a writ of subpoena duces tecum and ad testificandum on the management of FUTA Corporation to bring forth procurement documents of the 29,412 bags of Saudi Arabia rice supplied,” the prosecution told the court.
The state also asked the court to subpoena FUTA to produce communications allegedly written by former National Disaster Management Agency Executive Director Henry O. Williams.
“We also request your honor to subpoena the same management to produce the communication written by the former Executive Director of the National Disaster Management Agency, Henry O. Williams,” prosecutors added.
Defense lawyers opposed the request, describing it as “baseless, vague and indistinct.” They argued that the prosecution’s application violated the rules of direct examination and the principle of notice.
According to the defense, the prosecution had enough time to obtain and disclose the documents during the discovery stage of the case.
“This submission grossly violates the principle of notice because the state was in a better position to produce all of these documents during the discovery of evidence,” the defense argued.
The defense also accused the prosecution of acting in bad faith.
“The state’s prayer for subpoena is in bad faith. As such, it must be dismissed and thrown out,” the defense said.
In his ruling, Judge Feikai said the law requires a request for a subpoena to clearly identify the documents being sought.
“This court says it is the law in this jurisdiction governing subpoena. Subpoena should be based on specificity and particularity,” Judge Feikai ruled.
He granted the prosecution’s request for the specifically named documents, saying that portion of the application was clear and specific. However, he denied the request for any other documents described only as “relevant documents.”
“The court grants the request in part: the portion that named the documents to be subpoenaed. Said request was specific and particular,” the judge said.
“As for the request for other relevant documents, this court says that it denies said request.”
Judge Feikai also granted the request for a subpoena duces tecum but denied the request for a subpoena ad testificandum, noting that the witness had already testified about the documents in question.
“As for the request of subpoena duces tecum, this court also grants said request and denies the request for testificandum, seeing that this witness on the stand has already testified to said instrument and/or documents,” the judge ruled.
Both sides took exception to parts of the ruling. The defense objected to the court’s decision granting the subpoena duces tecum, while prosecutors objected to the denial of their request for other documents.
The case is part of the ongoing trial over the handling of 29,412 bags of Saudi-donated rice, which prosecutors allege were intended for disaster victims and other vulnerable communities in Liberia.
