I) Background:
The sting and stench of 29,412 bags of Saudi-donated rice have finally hunted.
The prosecution pressed five (5) major charges against former Foreign Minister Dee-Maxwell Kemayah and other co-defendants: Economic Sabotage, Theft of Property, Criminal Conspiracy, Misuse of Public Office, and Misapplication of Entrusted Property.
Let’s make this simple and break everything down for our people in West Point, Soniewein, Clara Town, Doe Community, etc. to understand. Almost all the defendants, including Kemayah, have been found guilty of ALL charges. The jury nailed Kemayah and others.
II) Summary of Jail Term:
1) Economic Sabotage is up to 10 years in jail (§15.80)
2) Theft of Property is up to 5 years in jail (§15.51).
3) Criminal Conspiracy is up to 5 years in jail (§10.4).
4) Misuse of Public Office is up to 3 years in jail (§12.70).
5) Misapplication of Entrusted Property is up to 1 year in jail (§15.56)
6) Total: The five (5) crimes altogether are up to 24 years in jail if there’s consecutive sentencing (The judge decides to hand down the maximum possible penalty). That’s cumulative. But if there’s concurrent sentencing, Kemayah and others could have up to 10 years maximum in jail (e.g., between 5 and 10 years if the Judge is a bit lenient/compassionate). However, any sentencing scenario could be possible. The judge will decide (e.g., discretionary power). NB: The judge could also decide on full restitution of stolen property, plus more.
III) The Law (Detail):
Let’s simplify this further for everyone to understand how we managed to arrive at the jail terms supra or above:
1) Section 15.80: Economic Sabotage.
Grading: First-Degree Felony (Section 15.80).
Sentencing or Penalty: Someone convicted of Economic Sabotage, a first-degree felony, could go to jail for not more than ten (10) years (Section 50.5a).
2) Section 15.51. Theft of property.
Grading: Second-Degree Felony (Section 15.54).
Sentencing or Penalty: Somone convicted of theft of property, a second-degree felony, could go to jail for up to five years (Section 50.5b).
3) Section 10.4: Criminal Conspiracy.
Grading: Second-Degree Felony (Section 10.4).
Sentencing or Penalty: Someone convicted of Criminal Conspiracy, a second-degree felony, could go to jail for not more than five (5) years (Section 50.5b).
4) Section 12.70: Misuse of Public Office.
Grading: Third-Degree Felony (Section 12.70).
Sentencing or Penalty: Someone convicted of Misuse of Public Office, a third-degree felony, could go to jail for not more than three (3) years (Section 50.5c).
5) Section 15.56: Misapplication of Entrusted Property.
Grading: First-Degree Misdemeanor (Section 50.2a).
Sentencing or Penalty: Someone convicted of Misapplication of Entrusted Property, a first-degree misdemeanor, could go to jail for not more than one year (Section 50.7a).
Since those convicted are high-profile individuals, we hope these legal tips help to simplify, inform, and educate.
Source: We sourced the legal citations and/or references from the Penal Law, Liberian Codes Revised, Volume IV, Title 26, Approved July 19, 1976 and Published April 3, 1978.
About The Author: Martin K. N. Kollie is a Liberian activist in exile and a former student leader in Liberia. Kollie is also a student of Law.
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