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Ibori: London Court Ends Trial In Drama Over Lack Of Evidence - Politics - Nairaland

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Ibori: London Court Ends Trial In Drama Over Lack Of Evidence by Nobody: 12:55am On Oct 08, 2013
James Ibori
The London Metropolitan Police admitted in court on the last day of the assets confiscation trial on Monday that they lacked enough
evidence to support their allegations of fraud, corruption and money laundering against former Delta State Governor, James Onanefe
Ibori.
This is coming just as Delta State Attorney General and Commissioner for Justice, Charles Ajuyah (SAN), denied allegations by the
Metropolitan Police that the state government refused to release vital documents to it while investigating the corruption case against
the former Governor.
In a most surprising move that would be discussed for years in legal circles, the trial Judge, Anthony Pitts, granted the Crown
Prosecution’s request to move the goal post when a match had entered injury time.
As a result, the judge adjourned for a total retrial – in order for the prosecution to gather enough evidence against Ibori – after both
the prosecution and defence have made their final submissions in the hearing which was supposed to end today.
And reacting to Pitts’ judgment in favour of the prosecution asking for a halt of the court proceedings after all parties had made their
submissions, Ibori said: “After eight years of criminal investigations, five adjournments and over 50 trips to Nigeria, the prosecution
failed to provide any tangible evidence to support their claim that I defrauded Delta State.
“Their case collapsed to such an extent that on the very last day of a three-week hearing, they were humbled into making an
application to the judge for permission to start again which the judge unceremoniously granted.”
Pitts, acceding to the request of the prosecution and adjourning for the case to go to retrial, said: “I feel that this case inevitably
requires decision that is probably based on proper evidence. This matter must proceed in a way to make proper decision… it seems
to me to hear some more evidence.”
Giving the crown prosecution the green light to go for more evidence to support their confiscation claim, the judge said: “I need to be
in a much better position more than I am now to make a better decision. I am going to adjourn these proceedings till early next
year.”
As the confiscation hearing opened early on Monday, Ibori’s lead counsel Ivan Krolic, as part of his skeletal argument against the
background of Ibori’s guilty plea during the trial, said “the making of confiscation determinations is governed by different procedural
requirement from trial procedures and different standard of proof is to be applied.”
He added: “When it comes to trial and sentencing, the court is not concerned with numbers.”
Pitts then cut in: “Number is also considered.”
Explaining to the judge, Krolic said “in confiscation, difference in number is important because the issues in confiscation are
quantitative.”
Pitts, sensing that Krolic was discrediting the prosecution’s evidence against Ibori, and knowing that it lacks sufficient evidence to
support the claims, cut in again: “I fully agree that we are not bound by the pleas of guilt here… but we are in a different situation.”
Drawing from Krolic’s arguments that Ibori’s guilty plea has to be supported with quantitative evidence as to his benefits in the
prosecution’s allegation as set out in Section 73 as the basis for consideration in the assets confiscation hearing, the judge
continued: “I am being asked by you to ignore his guilty pleas and look again if he is actually guilty; I know you are not saying that,
but it really seems so close.”
Undaunted, Krolic went on to cite many authorities to support his case that a guilty plea in confiscation does not mean that the
defendant has the full benefits of the guilt.
He said, “The burden lies on the prosecution to prove to what extent the defendant has benefitted from the offence and in this case,
we are relying on the prosecution’s own evidence that is set out in Section 73 as provided in their often trumpeted 63,000 pages of
evidence before this court from the start of this proceedings.”
Relying on the authority of the case of Mcintosh and Rezvi 2010, Krolic said, “The court held in Paragraph 22 that a plea of guilty did
not amount to an admission from which a conclusive inferences can be drawn pursuant to Section 10CJA 1967.
“Where the defendant has pleaded guilty, it is important for the prosecution to prove their case; I have shown you that what the
prosecution has put forward in their 63,000 pages trial bundle is not supported by any iota of evidence.”
Lead Crown prosecutor, Sasha Wass, who appeared in court after lunch break and having been briefed by her junior counsel, Esther
Schutzer-weissmann, that the judge was intending to adjourn the case for more evidence to help him reach a conclusion, said “your
honour we will ask that these proceedings are brought to a halt and list it for another hearing so that we may call more witnesses.”
Ibori’s counsel, not satisfied with the prosecution’s request for a halt of the court proceedings and allowance for a retrial, urged the
judge to hear the case to the end and give judgement based on the submissions made by both the prosecution and the defence.
He said: “We do not say that the conviction should go, we do not attack the conviction, we are only concerned by what has been
obtained by Mr. Ibori in connection to the charge.”
Trying to persuade the judge not to adjourn for retrial as being pushed for by the prosecution having found out that they do not have
the evidence to back up their confiscation claim, Krolick said: “We are not even suggesting that witnesses are required… we are only
saying that Ibori did not obtain what he has been accused of obtaining and that it is now crystal clear that the prosecution does not
have evidence to link funds from Delta State to him and that the court should make its decision on that basis.”
But the counsel’s appeal could not persuade Pitts against granting the prosecution’s request for adjournment and retrial in order to
call more evidences against Ibori.
The court then adjourned till December 19 for preliminary direction of the confiscation proceeding – preparatory for a totally fresh
trial.
Speaking to newsmen on Monday, the Delta State Attorney General, Ajuyah, said he was shocked that the London Metropolitan police
could make allegations against the Delta State Government when in fact they (police) never made any request for any document
relating to Ibori’s trial.
“The truth is that there was never a time the Metropolitian Police requested for information or document from Delta.
“No request was made either formally or informally and I do not think the person who made that assertion actually meant Delta
State. If he did, then, it is not a sincere or truthful statement.
“I believe a request of that nature should be in writing; was any evidence of the request produced? None was produced. Believe it,
none was made and I say so with all sense of responsibility,” Ajuyah said.
However, the Attorney General stated that the EFCC had requested to conduct an audit into the Delta State accounts sometime in
2007 over which judicial intervention was sought.
“In fact, the only authority that ever contacted us on the Ibori case was the EFCC and initially they requested for documents from
1999 to 2007 for audit.
“It was a general request and as a responsible government, it approached the court for a determination of the right of the state and
an important issue was whether EFCC has the right to audit a state under the Constitution?
“There are other issues, which are ‘sub judice’, but the court granted an order ex parte to restrain the EFCC until determination of
motion on notice.
“That order lasted for very short period and thereafter, EFCC made specific requests and the state government gave full and
maximum co operation.
“EFCC has boxes and boxes of documents from the state and I am aware that the documents were in possession of the Met Police
and Crown prosecution.
“If the state did not cooperate with EFCC, how come the Crown had materials from the Delta State?” he asked rhetorically.
Ajuyah said the clarification became necessary in the face of spurious allegations the Metropolitan Police made against the Delta
State Government over Ibori’s case in London.

Re: Ibori: London Court Ends Trial In Drama Over Lack Of Evidence by hammedkola(m): 1:32am On Oct 08, 2013
So, that's the end of the story....am not surprised
Re: Ibori: London Court Ends Trial In Drama Over Lack Of Evidence by Kanwulia: 4:37am On Oct 08, 2013
Leave that tin!
This man fine.
Just looking at him maker mamamamamaketh me to lie down in green pastures and LEADERETH me beside still waters!

Na BLOKOS be dis? CHAI!!!!

My breazzzzztz are HEAVY!!!!! cry
Re: Ibori: London Court Ends Trial In Drama Over Lack Of Evidence by Kanwulia: 9:07pm On Oct 16, 2013
[img]http://4.bp..com/-PRjQ_GJlJ0E/UjfwkWBNRGI/AAAAAAAAn9I/f7T4YhKpFuc/s1600/Jamesibori400.jpg[/img]


WELCOME HOME! O HANDSOME ONE!!!! OGIDI-GBORI-GBO!!!! grin

I will be there to WELCOME YOU HOME!!!! kiss

We will ALL BE THERE TO TAKE YOU HOME!!!!! kiss


https://www.youtube.com/watch?v=u77MgRnij5U



https://www.youtube.com/watch?v=3cvCA0BFaVM

COME BY THE OGHARRRRA HILLS O HANDSOME ONE!!!! kiss


[img]http://1.bp..com/-coRuC-oZaqI/UgANMK58G_I/AAAAAAAAOJc/CbiHjchNUwE/s1600/ibori1.png[/img]


WE LOVE JAMES!!!! cool
Re: Ibori: London Court Ends Trial In Drama Over Lack Of Evidence by drnoel: 9:52pm On Oct 16, 2013
Just that is just it. I wonder who was set up here, ibori or the british justice system. Looks like britain has just be made a fool of again by the unscrupulous nigerian system. Am sure after this, they will never trust any evjdence picked up in nigeria.
Re: Ibori: London Court Ends Trial In Drama Over Lack Of Evidence by Kanwulia: 9:56pm On Oct 16, 2013
IT WAS ONE OF THE CONDITIONS JONATHAN MUST MEET!
Or else!!!! wink
Wake up and smell the 'suya'!


IT IS PARTY TIME!!!! NA WE-WE NA! cool

NA TODAY BRITAIN BEGIN TEIF? cheesy
British courts just like the EFCC can be used to witch-hunt political enemies. . . .THE STAKES ARE HIGHER WITH EACH BARGAINING CHIP!
MONEY HAS CHANGED HANDS. . . BRITAIN HAS BEEN PAID AGAIN! WE ARE TALKING BIIIIIIIIIIIIG MONEY!!!!kiss

Abeg! Dis na 'SOUTH-SOUTH' politics o! Not 'ANAMBRA' politics!
We are not discussing 'WILLIE OBAINO' music here!

Shiooooooooooooooor!!!! grin
Re: Ibori: London Court Ends Trial In Drama Over Lack Of Evidence by Nobody: 10:00pm On Oct 16, 2013
Kanwulia: Leave that tin!
This man fine.
Just looking at him maker mamamamamaketh me to lie down in green pastures and LEADERETH me beside still waters!

Na BLOKOS be dis? CHAI!!!!

My breazzzzztz are HEAVY!!!!! cry

I'd hate to see what you look like in real life.
Re: Ibori: London Court Ends Trial In Drama Over Lack Of Evidence by Kanwulia: 10:03pm On Oct 16, 2013
kingoflag:

I'd hate to see what you look like in real life.

Why? wink

Because I ain't qualified to be a 'TINUBU' WHO-RE OR WAT? wink

Sorry dia. . .I don't kiss UGLY FROGS! kiss
Ha! For your own safety. . . . You will NEVER get that chance to 'see' what I look like.
Once upon a time. . .it were possible.
Six years later. . .on NL. . .SEEING any of you only means 2 things.
1. I get to prove that I am not a CHRISTIAN! grin
2. I WANNA KILL YOU AND MAKE YOU DISAPPEAR WITHOUT A TRACE! kiss

I don't fail on such promises. cool

Dream on NIGGER! kiss

*back to hiding under my NL rock from cyber riff-raffs likey ya*

Mcheeeeeeeeeeeeeeeeeeew!!!!
Re: Ibori: London Court Ends Trial In Drama Over Lack Of Evidence by chimex38: 1:35am On Oct 17, 2013
.
Re: Ibori: London Court Ends Trial In Drama Over Lack Of Evidence by omenka(m): 5:58am On Oct 17, 2013
They don start!!!
Re: Ibori: London Court Ends Trial In Drama Over Lack Of Evidence by Codedeben: 8:49am On Oct 17, 2013
Hmmmm who says we're backward technologically
I suspect remote control things from d village. Nna Mehn! The Baba dey powerful.
Re: Ibori: London Court Ends Trial In Drama Over Lack Of Evidence by Nobody: 8:52am On Oct 17, 2013
Kanwulia:

Why? wink

Because I ain't qualified to be a 'TINUBU' WHO-RE OR WAT? wink

Sorry dia. . .I don't kiss UGLY FROGS! kiss
Ha! For your own safety. . . . You will NEVER get that chance to 'see' what I look like.
Once upon a time. . .it were possible.
Six years later. . .on NL. . .SEEING any of you only means 2 things.
1. I get to prove that I am not a CHRISTIAN! grin
2. I WANNA KILL YOU AND MAKE YOU DISAPPEAR WITHOUT A TRACE! kiss

I don't fail on such promises. cool

Dream on NIGGER! kiss

*back to hiding under my NL rock from cyber riff-raffs likey ya*

Mcheeeeeeeeeeeeeeeeeeew!!!!


Do you do drugs? You dont sound too stable.

(1) (Reply)

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