It has been eight months since the former chairman of the Liberty Party; Israel Akinsaya was arrested, taken to the Monrovia City Court at the Temple of Justice and charged with the crime of ‘Bad Checks’ by the Government of Liberia through a complaint filed by the Lone Star Communication Company.
Defendant Akinsaya was arrested and taken to the Monrovia city Court at the Temple of Justice On September 11, 2011 and later transferred to Criminal Court-C at the Temple of Justice for prosecution for allegedly issuing US$2,528,072.00 what the court called ‘Bad Checks’ to the Lone Star Communication Company through the Guaranty Trust Bank(Liberia).
The Defendant (Akinsaya), who was a scratch cards whole dealer for the Lone Star Communication Company, allegedly issued said checks (Bad Checks), to Lone Star Communication Company, but when said checks were presented for encashment by Lone Star Communication Company, the checks were dishonored.
But defendant Akinsaya through his lawyer, Atty. Arthur T. Johnson denied the allegation and said that since he (Akinsaya), was taken to court for prosecution, lawyers representing the Lone Star Communication Company through the Government of Liberia have flatly failed and neglected to proceed with the case.
In a four-count motion to dismiss the entire US2m bad checks case filed by defendant Akinsaya’s lawyer, the defendant argued that prosecution has also failed to draw out an indictment against him thereby subjecting defendant Akinsaya to unnecessary and dilatory procedural tactics denying the defendant right to speedily trial.
The motion which was filed on the 11th day of April 2012 before Criminal Court-C at the Temple of Justice, revealed that the action, (delay-driven) by the prosecution was improper and when in fact defendant Akinsaya was lawfully operating under the laws of Liberia and engaged in legitimate business transactions with the Lone Star Communication Company.
According to the motion which copy is in the possession of this paper, the defendant also argued that the charge of bad checks cannot and will not lie because the presumption is not great, the prove is not evidence and that there is no probable cause to believe that the elements of bad checks are present.
“Wherefore and in view of the forgoing facts and circumstances, defendant most respectfully prays your honor and this Honorable Court to dismiss the charge against the defendant and grant all other reliefs that are fair and just in keeping with law to defendant,” Akinsaya’s motion to dismiss the case noted.
According to legal practice, prosecution is expected to file its returns (Response), at which time both lawyers are expected to appear in court and argue said motion following by a ruling from the presiding judge.
It is not clear as to when argument into the motion to dismiss will be held as court authorities are tightlipped.
