IN TWEH’S CASE, COURT DENIES PROSECUTION’S SEPARATE WRITS AND GRANTS DEFENSE BOND

By Florence D. Nyenatiee

Monrovia:  Criminal Court “C” Judge Blamo Dixion has denied two separate writs filed by government prosecutors in the ongoing trial involving former government officials Samuel Tweah, Jefferson Karmoh, Nyanti Tuan and others from the administration of former President George Weah.

The case of former Minister Tweah, along with ex-National Security Advisor Jefferson Karmoh and former Solicitor General Cllr. Nyanti Tuan, D. Moses P. Cooper, former Acting Financial Controller of the Financial Intelligence Agency (FIA), and Stanley S. Ford former Director General FIA, were charged with multiple crimes, including economic sabotage, fraud, and criminal conspiracy.

During the argument, Montserrado County Attorney Richard Scott representing the prosecution, requested writs of subpoena duces tecum and subpoena ad testificandum for Liberia Revenue Authority (LRA) Commissioner General Dorbor Jallah. The prosecution argued that Commissioner Jallah’s testimony and clarification were crucial in determining the validity of the surety bond filed by the defense team on behalf of the accused.

However, defense lead lawyer, Cllr. Arthur Johnson, opposed the motion, citing Chapter 63 of Liberia’s Civil Procedure Law and Chapter 13 of the Criminal Procedure Law. He argued that the validity of a surety bond is a matter for the court to decide, not a subject requiring third-party testimony. Johnson emphasized that such a determination falls under the jurisdiction of the presiding judge. Following arguments from both sides, Judge Dixon ruled in favor of the defense. He denied the prosecution’s writs and upheld the defense’s surety bond.

Judge Dixon clarified that under Liberian law, the prosecution may challenge the sufficiency of the surety bond by filing a notice of exceptions within three days of the bond’s approval. “The prosecution may file a notice of exceptions, after which the surety shall appear before the court for examination. If the court finds the surety sufficient, the bond will be endorsed.

If not, another surety must be provided,” Judge Dixon stated. Judge Dixon further referenced Article 21(d)(1) of the Liberian Constitution, which guarantees that all accused persons are entitled to bail. He noted that excessive bail must not be imposed, in accordance with Article 21(d)(2).

The judge stressed that the defendants, as former officials, are entitled to constitutional protections and due process under the law. In conclusion, Judge Dixon denied the prosecution’s writs and granted the defense’s bond, allowing the accused to remain on bail. He gave the prosecution 72 hours to present any further evidence or arguments before the court.

This case, involving prominent figures from the previous administration, has drawn significant public attention, highlighting the balance between justice and the constitutional rights of the accused. The trial continues at Criminal Court “C” in Monrovia