MONROVIA – Businessman Boimah Kay Folley was acquitted of the alleged indictment against him following a decision by Criminal Court “C” which overturned the guilty verdict against him by the presiding judge of the Monrovia City Court, Jomah Jallah.
The Ministry of Youth and Sports in 2021 brought criminal action against Folley, over allegations that he received $ 24,000 from APM Terminal to provide 60 sets of shirts for 15 counties at the 2019 National County Meeting. / 2020 and did not provide the articles.
On October 18, 2019, the ministry recommended the Folley Sports Center as a supplier to provide 60 sets of jerseys, based on the sponsorship of APM Terminal, in which a contract was concluded between APM Terminal and the Sports Center, in date of November 26, 2019.
As a result, the court record indicates that the business center presented an invoice in the amount of 24,000 to APM Terminal and that the value of this amount was transferred to the seller’s account.
Further, the invoice reveals that George Haines Gborgar, owner of Heaven Printing Company, received 50 sets of shirts, but claimed that 10 sets were delivered to him and subsequently handed over to the Liberia National Police, after being invited to do it.
However, the record further indicates that the Ministry of Youth and Sports then asked the accused Folley to hand over the funds allegedly received from APM Terminal on the grounds that he had not performed or provided the 60 sets of jerseys as agreed by the parties.
Zeogar Wilson, Minister of Youth and Sports, wrote a communication to the Liberian National Police, claiming that the accused Folley defrauded the government and failed to provide 60 sets of shirts and that the funds had been converted to its personal use, at which time the accused was investigated by the police, charged with theft of property and embezzlement of entrusted property, and then referred to the Monrovia Municipal Court.
Defendant Folley nevertheless pleaded not guilty to all the charges against him on appeal of the case, before the Monrovia municipal court. He stated that all procedures requested by APM Terminal were followed prior to the transfer of said amount and that the jersey sets were delivered to a certain George Haines Gborgar of Heaven Printing Company to print the jersey sets.
However, in his verdict, Judge Ciapha Carey noted that the prosecution evidence produced during the trial was not sufficient and of such probative value to prove beyond a reasonable doubt that the accused was guilty of the crimes contained in the arrest warrant.
Justice Carey, in his ruling on Monday, Jan. 10, said prosecutors had failed to meet the burden of proof required to find the accused guilty of the charges in the writ of arrest and had failed to produce no prima facie case to try the accused Folley, thus acquitting him of all costs.
Judge Carey’s ruling also observed that the contract was entered into by APM Terminal and Boimah Sports Center to supply the 60 sets of jerseys and not by Folley in person, based on his in-house procurement process.
“The court observed invoice number 1227 marked D / 2 and confirmed by the lower court dated December 27, 2019, on behalf of Heaven Printing Company owned by Mr. George Haines Gborgar or receiving 50 sets of shirts”, document court in FrontPageAfrica’s possession noted.
Instead, the court said the summons should have been issued and served on the Folley Sports Center as a proper defendant and not a summons to arrest, contrary to section 10.18 of the Civil Procedure Act of Liberia.
Judge Carey’s ruling maintained that the evidence produced by prosecuting attorneys was “weak and empty” to convict Folley of criminal association, theft of property and then mandated the Monrovia City Court to regain jurisdiction over the matter. ‘case as well as to execute the judgment in accordance with the law.
Criminal Court “C ”’s verdict of not guilty follows an appeal by Folley, the defendant in the main action, to Monrovia City Court, in which Court“ C ”assumes certain facts are important to the questions at the bar and they need to be restarted.
“This court also agrees with the defendant’s claims that it was unreasonable to retain defendant Boimah Kay Folley for what he called and called insufficient evidence,” the court document reads.
The court document stated: “It is the final decision of this court, that the defendant’s exception project backed by law must be and is hereby granted.” After granting the defendant Boimah Kay Folley’s draft exception and appeal, the clerk of this tribunal is hereby ordered to send a warrant to the lower tribunal, ordering the presiding judge to resume jurisdiction over case and execute judgment.