J
However, the money is being safe-kept at the Central Bank of Liberia while the
probe is being conducted to determine the origin, the ownership and the purpose
of the funds.'
Thus, plaintiff would be entitled to recover his money if investigations exonerate
him from the charge of money laundering which provided the legal basis for the
defendant to confiscate the money.
38. The reports
of the various
investigative teams of the defendant clearly
exonerated the plaintiff of any crime. In particular, the extracts of the reports
clearly established that the plaintiff is a businessman with legitimate business
interests in both Liberia and Nigeria . Further, the extracts of the reports made it
crystal clear that the plaintiff did not carry illicit drugs into defendant's territorial
boundary. It also stated explicitly that the plaintiff was not guilty of the money
laundering
charge preferred against him. These are
investigation reports
of
defendant's own
agents and
conclusions from
the
officials. These are
documents which speak for themselves and their contents admitted without
further proof.
39. It was based on the findings of the investigative teams that exonerated the
plaintiff of any crime that
the Minister of Justice and Attorney General, the
highest legal officer of the defendant wrote to the Executive Governor of the
Central Bank requesting the release of plaintiff's funds subject to the penalty for
non- declaration. This is based on the fact that the Minister of Justice and Attorney
General knew that having been cleared of the criminal charges preferred against
him, the plaintiff was entitled to recover his money as there
was no legal
justification for the defendant to hold on to same.
40. The investigative reports only faulted the plaintiff with .respect to the way he
carried the money, strapped to his body. However, that in· itself does not entitle
the defendant to confiscate
plaintiff's money. The way and manner plaintiff
carried his cash raised a suspicion of crime but the investigative reports clearly
exonerated him of any crime which he was suspected to have committed.
15