Chinese National Cleared of Tax Evasion Charges in Liberia

Monrovia – Chinese Businessman, Shun Feng, held on charges of tax evasion, economic sabotage and smuggling by the West Point Magisterial Court was Friday cleared of the charges, but warned by the court not to repeat the act. The five-year penalty that follows the crimes was also dropped by the prosecution against the defendant on the basis that it was his first offense.

The lower court had dropped charges against the Chinese national due to a request made by the prosecution to the court to not do the same following a plea bargain entered into by the defense and prosecution lawyers. “As the result of the pre-trial conference prayed for by the defense and agreed upon, both parties have amicably resolved this action of tax evasion, economic sabotage and smuggling” said Atty. Mark T. Duncan, Cllr. Eric B. Morlu and Jimmy Bombo lawyers all representing the Liberia Revenue Authority (LRA).

Both prosecution and defense counsel had asked the court last week to hold a pre-trial conference that could determine whether to go to trial or have a settlement to the case based on the defense counsel appeal alluding that the case against his client was incontestable.

“Defense counsel note and says counsel representing the defendant too are part of the justice system and seeks equity and justice for all” said Atty. Molley Gray Jr., lawyer for the Chinese businessman. Atty. Gray stated that the fact that the defense counsel represented an individual who is alleged to commit a crime does not mean that they do not foster justice.

The court in its ruling stated that the court is a neutral body and had no part to play in the case as the court cannot continue to hold the defendant, when the prosecution has agreed to drop its case which is the right of the prosecution under the law.

The court furthered that in view of the foregoing that taxes and penalty having been paid in accordance with the law, the court hereby suspends the sentence of the defendant and grant the prosecution the right to drop its case. “The defendant is ordered released and his store ordered re-open and that the goods confiscated from him be returned to him through the mandate of the court” said the Magistrate of the West Point Court.

Shortly after his release, Feng who spoke through his lawyer Atty. Molley Gray stated that the action was unfortunate and that it may have happened in China from where the goods were imported. “I have warned my client not to get involved in this act, any longer despite being a defense counsel I am here also fostering justice” said Atty. Gray.

The legal counsel of the Liberia Revenue Authority (LRA) Mark T. Duncan warned businesses in the habit of defrauding government of needed revenue to desist as he said the entity will go after anyone who try to evade government taxes despite status in society. “Let the message go forth that the LRA will not relent to prosecute anyone involved in tax evasion despite your status in society” Atty. Duncan said.

The prosecution lawyers from the Liberia Revenue Authority (LRA) stated that it was expedient to drop the charges against the defendant because he had paid the maximum fine of LD$200, 000. 00 and the tax of US$5,842.41 imposed by the LRA.

Businessman Feng was arrested and charged with tax evasion, economic sabotage and smuggling by agents of the Liberia Revenue Authority (LRA) last week after they discovered that some of the goods he brought into the country from China were undeclared at the time of validation by the LRA.