harvested logs worth US$2.475 million outside TSC A02. <\/a> <\/p>\n\n\n\nCSOs had called the company\u2019s illegal operation, \u201crepresents a huge breach of the law and points to a disturbing trend of irregularities and non-compliance with the forest laws of Liberia. \u201cThe evidence points to a huge loss of revenue to the state and to communities. This must be remedied, and communities must receive the full benefits they have the right to.\u201d<\/p>\n\n\n\n
It was co-authored by the Sustainable Development Institute (SDI), the Independent Forest Monitors (IFM) and the National Union of Community Forest Development Committee (NUCFDC) in a consortium called the Independent Forest Monitoring Coordination Mechanism. Its work was funded by the European Union, the United Kingdom and the Ministry of Foreign Affairs of the Netherlands. <\/p>\n\n\n\n
Following the release of the report, the FDA imposed US$105,000 on the company as the condition for exporting the log, which it paid.<\/p>\n\n\n\n
But just as the company was about to begin the exportation of the logs, the Ministry of Justice ordered the FDA and its Board to halt the company\u2019s operation pending a new investigation into its alleged illegal operation.<\/p>\n\n\n\n
The company had said the Ministry of Justice\u2019s decision left the logs lying in the forest for over two years, thereby devaluing their market value, according to court filings.<\/p>\n\n\n\n
The company also argued that the Ministry\u2019s action in stopping it from exporting the logs amounts to double punishment, something it said violates its constitutional right. The Constitution of Liberia prohibits subjecting a person to double jeopardy, the legal phrase for trying someone twice for the same crime.<\/p>\n\n\n\n
It then called on the court to rule in its favor to allow it to resume operation and ship the logs.<\/p>\n\n\n\n
\u201cWherefore and in view of the foregoing, petitioner petitions your Honor and this Honorable Court to declare the right of the petitioner in keeping with the laws of this Republic,\u201d the company, through its lawyer Jimmy Bombo, told the court at the time.<\/p>\n\n\n\n
The defendants had called on the court to dismiss the charges brought against them. They, among other things, said the company has no legal standing to sue them because its article of incorporation was invalid.<\/p>\n\n\n\n
They accused the company of presenting an article of incorporation that was different from the original article it submitted to the FDA before it was awarded the contract.\u00a0 They claimed the company and its partners, with two shareholders and its Board of Directors, harvested timber outside of its concession and an investigative panel sanctioned by the Ministry recommended the payment of US$1.745 million.<\/p>\n\n\n\n
On the issue of double punishment, the defendants had argued that the company did not suffer any form of double jeopardy as it claimed because it was not indicted, prosecuted or convicted in any court of competent jurisdiction.<\/p>\n\n\n\n
But the court rejected that argument, \u00a0ordering the company to resume operation and sell the logs. It sanctioned the company to sell the logs in order not to lose its monetary value amid the FDA\u2019s decision to appeal the judgment.<\/p>\n\n\n\n
\u00a0\u201cThe Court finds it just fair, equitable in the best interest of both parties to order the sale of the logs, subject of these proceedings, and any monetary proceeds therefrom be put in an escrow account for the protection of the future interest of the prevailing party, if applicable.\u201d<\/p>\n\n\n\n
The court ordered the \u00a0FDA, the regulator of the forest sector, to appraise the monetary value of the logs, and called on the company to designate a suitable buyer all under its supervision.<\/p>\n\n\n\n
The court also instructed a reputable bank in Liberia to open a special escrow account in its (court) name to deposit the proceed from the sale of the logs.<\/p>\n\n\n\n
The court\u2019s ruling is a huge blow to the FDA in its bid to stop the company and its partners from operating under TSC-A2, issued in 2009 for just three years but remains active nearly 10 years after its legal expiration date. In March last year, \u00a0TSC A02 and six others in Grand Bassa, Gbarpolu, Bong, and Grand Cape Mount were finally canceled.<\/p>\n","protected":false},"excerpt":{"rendered":"
Top: Some of the woods were at the center of a legal battle between the Forestry Development Authority and Renaissance Group Incorporated. Photo credit: Civil Society Independent Forest Monitors (CSIFM) By Gerald C. Koinyeneh BUCHANAN \u2013 The Second Judicial Circuit Court in Grand Bassa has ruled in favor of a Liberian-owned company to continue logging […]<\/p>\n","protected":false},"author":6,"featured_media":2669,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"give_campaign_id":0,"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_uf_show_specific_survey":0,"_uf_disable_surveys":false,"tdm_status":"","tdm_grid_status":"","footnotes":""},"categories":[54,3],"tags":[],"class_list":["post-2667","post","type-post","status-publish","format-standard","has-post-thumbnail","category-logging","category-rainforest"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t
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