Lawyers representing the management of Guaranty Trust Bank Liberia Limited (GT Bank) are said to be troubled by Judge Caipha Carey’s criminal contempt charge, and are fighting legally to prevent the bank’s manager and others from court for criminal prosecution after the judge has booked them for contempt on February 24, 2022, consistent with Chapter 2, Section 2.4 of the Criminal Procedure Law of Liberia.
The bank’s lawyers have filed a petition for a writ of prohibition before the Presiding Justice in Chamber to review Judge Carey’s action, in order to avoid all defendants, including the GT Bank’s Managing Director and Assistant Pastor of Christ Ambassador, Ikenea Anakwe, from going to court to face criminal prosecution on allegation of a US$900,000 that was reportedly taken from Cllr. George Kailondo’s Petroleum Company’s accounts with the bank.
As a result of the bank lawyers’ application to the High Court, the Presiding Justice in Chamber of the Supreme Court has ordered Judge Carey to stop all proceedings in GT Bank Liberia Limited’s criminal trial at the Temple of Justice.
Justice Wolokollie has cited Judge Carey, prosecution and defense lawyers for a legal conference this Monday, February 28, 2022 regarding the bank lawyers’ application before making any decision in connection with their request.
The bank lawyers’ request was triggered by Judge Carey’s February 24, 2022 decision when he demanded the daily appearance of GT Bank’s Managing Director and his two deputies in court for prosecution.
The Criminal Court “C” Presiding held Anakwe and two others in contempt after they refused to appear in court for criminal prosecution. The bank officials have since responded to their criminal indictment at the Criminal Court “C” with a plea of not guilty, thereby joining issue with government lawyers, consistent with Chapter 25, Section 25.5 of the Criminal Procedure Law.
According to Judge Caipha Carey, the continued absence of defendant Ikenea Anakwe and other officials of the bank in the proceedings appears to be a clever attempt by the lawyers to stop their clients from appearing in court.
Judge Carey said in a criminal trial it is incumbent on the defendants to be present at every stage of the proceedings, as provided by the statue.
“From the start of this case and up to now, the defendants have failed and neglected to be present in court at every time when the matter is called for hearing. When this case was reassigned for hearing, this court ruled that the defendants should be present for hearing, which they have all failed to honor,” Judge Carey noted.
Prior to holding the bank officials for contempt, the Court denied another application from the bank’s lawyers seeking to dismiss criminal indictment against them after they pleaded not guilty.
The bank’s indictment says Cllr. Kailondo, for the purpose of trust and confidence in the defendant entity, GT-Bank Liberia Limited, opened checking accounts at the bank, with account Numbers 01126050020001000 and 0113150002000000, both containing USD and LD transactions.
It detailed that GT-Bank Liberia had prior knowledge of these accounts and Cllr. Kailondo, being the only signatory regarding transactions of deposit and withdrawal, yet it criminally opened an escrow account bearing number 01126050025020000 closed to Kailondo’s account, with the intent to commit the crimes alleged.
Between the period of September 9, 2014 up to and including December 15, 2016, the indictment says the bank, by virtue of these positions, knowingly, purposely, criminally and intentionally did take, defraud, deprived and stole monies in the amount of US$930,500.00 from Kailondo’s checking accounts.
The indictment further revealed that GT Bank, with criminal mind and intent, conspired, connived and designed a criminal syndicate and debited Kailondo’s account at different times and made unauthorized and deceptive withdrawals of US$930,500.