— Says his His Due Process Rights are being abused after prosecution failed to turn up for two consecutive scheduled hearing
After failing to appear in two consecutive scheduled hearings at Criminal Court “C”, the lawyers representing former Finance Minister Samuel Tweah have accused both the Ministry of Justice (MOJ) and the Liberia Anti-Corruption Commission (LACC) of abusing their client’s due process rights to a speedy and fair trial.
The accusation of Tweah’s lead defense lawyer, Cllr. Arthur Johnson, comes after a letter of excuse and continuance from the MOJ, through the offices of the Montserrado County Attorney, Cllr Richards Scott, was openly read in the courtroom of Criminal Court ‘C’.
Scott’s letter to Judge Blamo Dixon says that members of the prosecution team were unable to attend the trial that was meant to challenge Tweah’s US$8 million property valuation bond, because there is another case assigned in a court of concurrent jurisdiction, Criminal Court ‘A’ which the prosecution is a party, in a Habeas corpus case. And that the entire ministry would be present.
Initially, a similar bond exception hearing was postponed last week, when the Ministry argued that their lawyers were attending a workshop in Grand Bassa County and would not attend the case.
Based on that written excuse, the court rescheduled the matter for yesterday, but another excuse was responsible for its cancellation.
Despite the defense contention to dismiss the prosecution exception to the bond, and proceed with the merit of the case, Judge Dixon denied it and rescheduled the matter for today.
It can be recalled that during the hearing in September 2024, judge Dixon mandated the prosecution to turn over to the defense team all pieces of evidence in its possession to satisfy the requirements of notice of discovery. Unfortunately, Cllr. Johnson argues that prosecution has refused and neglected to disrespect the Court’s order for discovery arguing “this is contemptuous.”
Furthered to his objection, Cllr. Johnson argues that the prosecution is engaging in “delay and dilatory procedure tactics.”
“This evidence by two unmeritorious letter of excuse by the MoJ under the signature of the Montserrado County attorney, Cllr Richards Scott,” Johnson noted.
He however told the court that such excuses must be prevented at any hearing as provided under the Liberian law.
He said, the law provides for prosecution to appear in court to argue its excuse in the presence of a judge and not dictate in a letter sent to the court.
According to him, when the party files the request such should be served on the adverse part. as a notice of requirement that is, the defense team. It must be first heard and granted the excuse. Moreover, Johnson explained that when the request is made, to the court for a continuous, the party making such request cannot dictate the time and date for the continuous.
“In the minds of the defense constitute contempt because it attempts to signal that the prosecution is playing the role of a judge not a prosecution,” argued.
Johnson said the request is flimsy and attempts to employ procedural delay tactics and complete disrespect to the court and to defeat the ends of Justice.
“This is an abuse of the due process rights of the defendants including Tweah,” Johnson argues.
According to Johnson, it was the same prosecution that announced to the world and the Liberia jury by media and a public sentiment that Tweah was escaping Justice and that there was Interpol alert issued by the government against the defendant, but with all of these assertion, the defendants yet to be indicted.
“The only desire and intent of the Prosecution was to see Tweah disgraced and incarcerated as their way of Justice, but not to accord a speedy and fair trial under the laws of Liberia,” Cllr. Johnson told the court.
Tweah along with Cllr. Nyenati Tuan, then Acting Minister of Justice, and Acting Chairman of the National Joint Security, Stanley Ford, former Financial Intelligence Agency (FIA), Director General & member Joint Security Council, and D. Moses P. Cooper, former Comptroller, FIA, in the discharge of their duties as officials of the National Joint Security of Liberia and the Financial Intelligence Agency, did conspire, collude, facilitate and commit the Crime of Economic Sabotage (Fraud on the internal revenue of Liberia; Misuse of Public Money, Property or Record and Theft and/ or illegal disbursement and expenditure of public money.
The court’s document alleges that, between September 8-21, 2023, from transfers instructions documents submitted to the LACC Investigation by the CBL, it shows that the total amounts transferred to the Operational accounts of the FIA by the CBL as per the instruction from the MFDP are LS1,055,152,540.00 billion and US$500,000.00.
