After Their Rights Were Denied For Six Years: Koreans Finally Get Justice
The case involving the four Korean nationals has just proven that, no matter how evil or perverted a system is, good will always triumph over evil only if the good people persevere and never give up.
During the hearing of the case on September 30, 2020, at the 13th Judicial Circuit Court in Kakata, Margibi County, the state, represented by the Ministry of Justice, accepted full responsibility for the conduct of the National security Agency (NSA). It pleaded with the Judge, Her Honor Judge Mardea Chenoweth, to temper justice with mercy because the state was confronted with serious economic crises, in its own words.
Judge Chenoweth, resident judge of the 13th Judicial Circuit Court of Margibi County, awarded the four Korean nationals US$349,000.00 (three hundred forty nine thousand US dollars) in special damages and US$1 million for the inhumane treatment the four Koreans suffered in the custody of the NSA.
The US$349.000 in special damages was because of the losses made by the Koreans due to the harassment by the NSA. The losses include monies spent on plane tickets, travelling allowance, hotel accommodation and other valuables that were taken away by the NSA and were never returned.
Backed by proper documentation, they proved to the court that they came to the country with thousands of US dollars in cash that the NSA officers took from them and was never returned.
International Bank Liberia Limited Korean businessmen
The action by the NSA agents, Alexander Graham, Terrance Doe, Railey Farley, Derrick Momo and Solomon Nelson, which critics of the Ellen Johnson-Sirleaf government described as broad-day robbery, was first exposed by the National Chronicle newspaper in 2014.
At the time, the NSA was headed by Mr. Fomba Sirleaf, son of President Sirleaf. When the story was published, the NSA immediately hosted a press conference. They informed the public that the report by the National Chronicle was not true.
According to source in the inner cycle of the Johnson-Sirleaf administration, the head of the NSA and son of President was angered by the way the National Chronicle reported the story and took his revenge. He lobbied his mother that the Chronicle should be closed.
In August 2014, at the evening hours, officers of the Liberia National Police (LNP) stormed the offices of the National Chronicle, arrested some of its staffs and illegally closed down the paper. Since then, the National Chronicle has never reopened its doors for business.
According to the NSA, the Koreans were found with US$50,000.00 (fifty thousand US dollars) in counterfeit bills. They said the Koreans were engaging in money laundering and had combustible materials that was very dangerous.
To the contrary, the Korean nationals, Chae Dae Byoung, Choi Jung Woo and Chakwang Woon were invited to the country by one Nasser Ally, a Lebanese businessperson.
Ally presented to the Koreans proper legal documentation that he was a miner in Liberia and offered to sell 16kg of gold at the cost of US$568,000.00 (five hundred sixty eight thousand US dollars) to his clients.
After several communications, the Koreans transferred US$250,000.00 (two hundred fifty thousand US dollars) to the International Bank Liberia limited (IB), which was one half of the cost of the gold. This was a legitimate transfer, contrary to what the NSA called money laundering.
They came to Liberia, and on July 8, 2014 they went to IB and withdrew the amount of US$247,500.00 (two hundred forty seven thousand US dollars). They went to the City King Hotel on the same day to meet Nasser Ally to do the transaction.
The withdrawal of the money from IB also disproved the NSA claim that the Koreans were in possession of counterfeit money. IB is a reputable institution and does not deal in counterfeit.
While they were transacting business with Ally in a hotel room, the five NSA agents stormed the room and arrested the Koreans along with Naasser Ally. They took away the US$247,000.00 along with US$27,416.00 (twenty seven thousand four hundred sixteen US dollars) and other valuables.
The Koreans were jailed at the NSA and Nasser Ally was never seen again. Whether he escaped from the NSA or was deliberately released by the NSA is the question that was never answered.
The Ministry of Justice, under Justice Minister Christiana Tah, instructed Director Fombah Sirleaf to halt the investigation and transfer the investigation to the ministry. She also instructed Director Sirleaf to put the monies seized from the Koreans into an escrow account.
Fombah Sirleaf refused to follow the instruction of the Minister of Justice, which was total disrespect and insubordination. As a result, Justice Minister Christiana Tah resigned her post on October 6, 2014.
President Sirleaf commissioned a Special Investigative Committee, headed by Cllr. David A. B. Jallah. The Jallah Committee concluded that the charges against the Koreans were unlawful and the action by the NSA was illegal. The Committee recommended that the monies and valuables taken from the Koreans be returned and the NSA agents be dismissed.
The government did not comply with the Committee’s recommendations and the Koreans went to court. Government lawyers argued that the case should not be held in Monrovia because of undue influence. At the time, the National Chronicle was on top of the story, leaving nothing hidden.
The trial was held in Kakata at the 13th Judicial Circuit Court before His Honor, Judge Peter Benewelleh. The Koreans lost the case and took an appeal to the Supreme Court of Liberia. On August 9, 2019, the Supreme Court overturned the ruling of Judge Gbenewelleh and ordered a retrial.
It was the retrial before Her Honor Judge Chenoweth that the state took full responsibility for the action of the NSA.