Judge Orders Rawlings’ Illegal Subpoena Quashed

Judge William O’Malley sitting at the Circuit Court of Cook County, Illinois Criminal Division, Branch 29 in case No 06 MC 1-214747 People of the State of Illinois versus Victoria Boateng today November 1 2006, has made a ruling quashing a subpoena from Ubi O’Neal and Associates counsel for defendant Victoria Boateng for His Excellency Jerry John Rawlings to appear as witness.

The Court thereafter ordered defendant Victoria Boateng to stand trial for the substantive battery charge on December 19, 2006 at 2.30pm. The judge had refused the plea of Attorney Ubi O’Neal for an adjournment of 90 days.

Attorney Robert Bennett, Counsel for His Excellency Jerry John Rawlings had cited the Illinois Law which governs the attendance of Witnesses from within or without a State in Criminal Proceedings, 725 Illinois Compiled Statutes 220/3 (2006) and submitted that the Court lacks personal jurisdiction of His Excellency to compel him to appear before it because he is not a resident of any State of the United States. Bennett further submitted that: "any action to compel a non-resident witness to appear before this court cannot be pursuant to subpoena duces tecum. It must be pursuant to the judge of this Court issuing a Certificate under the seal of this court.” Moreover, this certificate shall be presented to a judge of a court of record in the county in which the witness is found.?

Bennett further told the Court, ‘Obviously, this procedure was not followed in the proceedings before this court it is not legally possible for this Court to issue such a "certificate” to His Excellency because it and no other court in the United States has personal jurisdiction over His Excellency.?

Ironically, Victoria Boateng’s Attorney Ubi O’Neal cited the case of United States v. John Walker Lindh in support of her attempt to subpoena His Excellency, Jerry John Rawlings, but this Lindh case unequivocally states that: “A subpoena cannot be issued under section 1783 to an alien outside the United States, since an alien owes no allegiance to the United States.”

The defendant’s lawyer also quoted the ‘Long Arm Statute’ (735 ILCS 5/2-209). But Bennett countered that that Statute gives Illinois courts jurisdiction over non-resident defendants who reside in a State of the United States and who have engaged in business or commercial activities in Illinois. The Statute pertains to civil proceedings, not criminal proceedings. Moreover, there is no evidence that His Excellency has done any business or commercial activities in Illinois.