The assets confiscation hearing of former Delta
State Governor James Ibori came to an abrupt
end yesterday, as the Judge, Anthony Pitts,
granted the crown prosecution’s request to
adjourn for retrial.
The prosecution said it needed time to get
more evidence against the former governor
after both the prosecution and defence have
made their submissions in the hearing.
Judge Pitts 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. I need to be in a
much better position more than I am now to
make a better position. I am going to adjourn
this proceeding till early next year.”
The lead counsel to the former governor, QC
Krolic said: “The making of confiscation
determinations is governed by different
procedural requirement from trial procedures
and different standard of proof to be applied.
“When it comes to trial and sentencing, the
court is not concerned with numbers.”
But Judge Pitts said: “Number is also
considered.”
Explaining to the Judge, Krolic said: “In
confiscation, difference in number is
important because the issues in confiscation
are quantitative.”
Judge Pitts cut in, saying: “I fully agree that we
are not bound by the pleas of guilt here….but
we are in a different situation.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.”
Krolic cited 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 63,000 pages evidence before
this court from the start of these proceedings.”
Krolic, relying on the case of Mcintosh and
Rezvi 2010, 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
evidence.”
The lead Crown prosecutor Sasha Wass, who
only turned up for the day’s proceedings after
the court’s lunch break and briefed by her
junior counsel, Esther Schutzer-Weissmann
that the Judge was intending to adjourn the
case for more evidence to 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.”
Krolick, not satisfied with the crown
prosecution’s request for a halt of the court
proceedings for a retrial, urged the Judge to
continue to hear the case and give judgment
based on the submissions made by both the
Krolick 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 Ibori in connection to the
charge. 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 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.”
The court adjourns till Dec 19 for preliminary
direction of the confiscation proceeding.
A report quoted Ibori as reacting to the
development thus: “After 8 years of criminal
investigations, five adjournments and over fifty
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 last day
of a three weeks hearing, they were humbled
into making an application to the judge for
permission to start again which he Judge
unceremoniously granted.”
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