March 25, 2023

Drama takes over Legal Representation of Brosius in Ducor Petroleum Case

The Commercial Court at the Temple of Justice was on Tuesday, a ground for drama arising from a dispute over legal representation in the Petition for accounting suit filed against Amos Brosius, the general manager of Ducor Petroleum Incorporated by the Monrovia Oil Trading Corporation (MOTC).

The management of Monrovia Oil Trading Corporation ( MOTC), one of the disputed parties to the operation of Ducor, 2013 filed a lawsuit against Brosius, accusing him of misapplying funds that were generated from the sale of petroleum products, they claim Brosius denied the allegation which leads to a lawsuit.

The confusion on Tuesday, January 25, 2022, began when the court rescheduled a hearing of the accounting lawsuit to September 15, 2022. Mr. Brosius wrote the court informing the three penal judges excluding Chief Judge Eva Mappy Morgan, about his inability to continue with his legal team, because he has no money to pay them.

Mr. Brosius claimed that Judge Morgan without his knowledge removed the stay order that the parties, Brosius and MOTC agreed the judge freeze Ducor Petroleum’s escrow account at the Liberia Bank for Development and Investment (LBDI) pending the outcome of the accounting lawsuit.

Brosius added that the decision of the judge-led MOTC to withdraw the amount of USD$3 million from the account, of which he and his lawyers had agreed on a percentage of whatever his entitlement would have been. He informed the court that since there is no money left in the account because of Judge Morgan’s deliberate decision, his lawyers are no more intersected to represent his legal interest in the matter.

It is established that while the lawsuit was still pending undecided, Chief Judge Eva Mappy Morgan of the court, froze the company’s account, after the parties, the Brosius, and the MOTC agreed, and to be unfrozen, after the conclusion of the accounting lawsuit.

According to information from the Brosius said, that did not happen, because Judge Morgan without the consent of one of the parties, the Brosius side proceeded to unfreeze the stay order, and subsequently facilitated the MOTC party to withdraw the amount of US$3milion that was placed in the Ducor Petroleum’s escrow account housed at the Liberia Bank for Development and Investment (LBDI).

Dramatically, Brosius on Tuesday represented himself, but the case could not be heard in the absence of Brosius’ lawyers, and so, the judges were compelled to postpone further hearing into the matter. The court at the same time recommended a conference between the two parties, Brosius and MOTC.

The accusation against Judge Morgan was later confirmed by the Judiciary Inquiry Commission (JIC), the arm of the Supreme Court that is responsible to investigate unethical conduct against judges.

The JIC also found Judge Morgan liable for an unethical breached and recommended a period of one-year suspension without pay and benefits against the judge.

That punishment is yet to be endorsed by the justices of the Supreme Court, even though the parties, Judge Morgan and the JIC’s legal team had already argued to the matter.  The Supreme Court is yet to give its judgment that has been pending and undecided for months.

Reported by:  Taisiah K.Merfee


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