extension of time decided to withdraw same. The motion for extension of time was
granted by the Court and thus issues were joined between the parties.
d. Following this development, the Plaintiff withdrew his applications for expedited
hearing and default judgment and both were struck out on the 12th February, 2015.
In her statement of Defence, the Defendant denied all the claims of the Plaintiff.
Specifically the Defendant argued that;
i.
The entire application should be dismissed for lacking any legal basis and
intended to mislead the Court into believing that the Immunities and
Privileges accruing to Diplomatic Agents and Consular Officers are the same.
ii.
That the Plaintiff is not a Diplomatic Agent of the Defendant and that the
purported Liberian Diplomatic Passport N° 003828 exhibited by the Plaintiff
was fraudulently obtained out of his prison cell, since there was no record at
the Ministry of Foreign Affairs of the Defendant relating to the said Passport.
iii.
That although in the Plaintiff’s narration of facts he claimed that the 6th
Judicial Circuit Court, Civil Law Court, Montserrado County of the
Defendant declared the Plaintiff as a Consular General and thus enjoys
Diplomatic Immunity and should be repatriated by the Defendant, the said
judgment lacks foundation having regard to the provisions of the Vienna
Convention on Consular Relations and other International instruments relied
upon by the Court.
iv.
Consular Officers are not immune from Criminal proceedings except with
respect to acts performed in the exercise of their functions, but that the
Plaintiff was arrested, tried and convicted of grave crimes of sexual assault
unrelated to his functions as a Consular officer.
p. 13