The Government prosecutors have challenged the validity of the US$1.2 million criminal appearance bond filed on behalf of the suspended Managing Director of the National Port Authority (NPA) and her Comptroller by Family Dollar Universal Insurance Service (FDUIS).
The Government of Liberia recently indicted Matilda Parker and her Comptroller, Christiania Kpabar, along with Deneah M. Flomo of the Denear Enterprise for economic sabotage, theft of property and criminal conspiracy.
The prosecution led the Solicitor-General of Liberia, Cllr. Betty Lamin-Blamo, who filed their exception to the criminal appearance bond for the defendants, prayed the court to set it aside on grounds of grossly insufficient and defective.
The prosecutors said the entire bond does not conform to the requirements of law, and therefore, requested the court to incarcerate the defendants at the Monrovia Central Prison until their bond is made sufficient to secure their appearance in court.
Cllr. Lamin-Blamo argued that an insurance company standing as surety for a defendant must have evidence of assets to commensurate with the amount charged in the writ of arrest or in the indictment.
She cited one of the Opinions of the Supreme Court of Liberia, Margaret E. Robertson et al v. Quiah Brother, et al as her reliance, which states that, “For a bail bond to be sufficient, the surety must show evidence, such as certificate or other legal instruments from an appropriate legal authority, such as the Central Bank of Liberia, or other insurance authority , or similar government entity having regulatory responsibilities for insurance companies, that the insurance company possesses assets within the Republic of Liberia, sufficient to cover the obligation undertaken by the insurance company in the bond. Exclusive of other bonds to which it is already serving as surety, commensurate with the amount stated in the bond.”
She contended that FDUIS has not shown any evidence from any legal authority that it possesses assets within the Republic of Liberia sufficient to cover the obligation undertaken by said insurance company.
“There is no statement of account attached evidencing FDUIS’ ability to underwrite its obligation under the said bail bond. There is also no evidence of any other assets of FDUIS,” Cllr. Lamin-Blamo said.
The prosecution vehemently resisted that FDUIS has filed numerous of bail bonds to secure the release of many party defendants amounting to US$5,714, 283 and L$3,312, 220, which cases are still pending before other courts in Liberia, and based on the grounds cited, the bond should be denied.