A major legal hurdle has emerged for officials of the Monrovia Development and Management Corporation (MDMC), as Criminal Court “C” ruled that they must face trial in connection with the alleged theft linked to the Executive Mansion renovation project.
Presiding Judge Ousman F. Feika dismissed a motion filed by the defendants seeking to throw out the indictment, affirming that both the corporation and its officers will proceed together to trial on charges of theft of property and criminal facilitation.
The motion followed a request by the Assets Recovery and Property Retrieval Task Force—led by Cllr. Edwin K. Martin—to amend the indictment and formally include MDMC as a defendant under Liberia’s Criminal Procedure Law. Those directly affected include corporate officials Thelma Duncan Sawyer, John S. Youboty, and Joseph C. Goodridge.
Defense lawyers argued that the charges were flawed, maintaining that MDMC, as a legally registered corporation, is separate from its officers and shareholders. They contended that the prosecution failed to demonstrate that the accused individuals personally engaged in criminal conduct or used the company as a vehicle for wrongdoing. The defense also emphasized that the case appeared to stem from a contractual dispute rather than any direct criminal acts.
Prosecutors, however, opposed the motion, arguing that the accused individuals were part of a coordinated effort that enabled the alleged crimes. They warned that dismissing charges against some defendants would weaken the case and disrupt the alleged chain of criminal responsibility.
In his ruling, Judge Feika sided with the prosecution, noting that the defendants had not sought a severance to separate their case from other co-defendants before requesting dismissal. He explained that granting the motion under such circumstances would undermine the integrity of the joint indictment.
The court further clarified that under Liberian law, corporations can be held criminally liable for actions carried out by their agents within the scope of their duties. As a result, individuals acting on behalf of a corporation may also be prosecuted alongside the entity.
Judge Feika also rejected the argument that dismissing the case would resolve the matter, pointing out that prosecutors could simply refile charges, potentially creating unnecessary legal complications.
With the motion denied, the court ordered that all defendants proceed to trial, where the evidence will be examined before a jury.
In his final ruling, Judge Feika declared that the motion to dismiss lacked merit and confirmed that the case will continue in accordance with the law.
