By G. Watson Richards
State prosecutors have challenged the validity of a property valuation bond filed by the defense in an ongoing manslaughter and negligent homicide case involving the death of Ntoumbi Toni Khumalo Jackson, wife of Liberian economist Samuel Jackson.
The case, Republic of Liberia v. Samuel Jackson, is being heard before Resident Circuit Judge Roosevelt Z. Willie at Criminal Court ‘A’ at the Temple of Justice in Monrovia.
According to court records, the Ministry of Justice, through the prosecuting team has submitted exceptions to the Defendant’s Property Valuation Bond, arguing that the bond is legally deficient and should be set aside.
Bond Legitimacy Questioned
Prosecutors contend that the bond valued at US$20,000 and backed by Denco Liberia Inc., was issued without required authorization from the Central Bank of Liberia or the Ministry of Finance.
“A document purring to be a bond was filed without authorization from the Central Bank of Liberia or the Revenue Department of the Ministry of Finance,” the prosecution noted in its exceptions.
The state prosecutors further argued that approving such bond is a “condition precedent” for a valid bond under Liberian law.
Citing Royal Pharmacy v. Sylla & Co. Bakery (1996), the prosecution says the bond fails to meet Supreme Court requirements.
“The purported bond does not conform to the requirements… mandated by the Honorable Supreme Court…,” they added.
The Government lawyers raised key deficiencies in the bond filed by defendant Jackson’s lawyers including: No proper affidavit of sureties
Incomplete disclosure of property ownership
Lack of details on liens, encumbrances, and valuation
Concerns over Property Documentation
Prosecutors also argue that the property used as collateral cannot be properly identified.
“The Deed annexed has no writing on it to enable Plaintiff to identify the property correctly,” prosecution noted.
They stressed that clear identification of collateral is essential in bond proceedings.
The Ministry of Justice is urging Judge Willie, resident judge of Criminal Court ‘A’ to investigate the financial capacity and possible misconduct of the surety.
“The courts are duty bound to investigate and to quash said bond if fraud [is found].”
The state prosecutors are also recommending sanctions if the defense team failed to justify the said bond.
The bond indicates that Denco Liberia Inc. pledged property allegedly valued at US$524,000 to secure the defendant’s appearance in court.
“Denco Liberia Inc. do hereby offer its property in the amount of US$20,000… until said matter is fully adjudicated.”
The Ministry of Justice is asking the court to declare the bond invalid and set it aside.
“Plaintiff prays that the purported bond be declared invalid and set aside as a nullity.”
The court is expected to decide on Friday whether to deny the bond or grant it. The defense has not yet responded on record.
