The Government of Liberia could be lacking the required pieces of evidence to try a landmark corruption case involving five government officials of former President George Weah’s regime after failing to proceed with the trial process for the second time in a row.
The Chambers Justice of the Supreme Court Yamie Quiqui Gbeisay halted the corruption trial which was expected to commence yesterday, Wednesday, December 4, 2024, following a petition filed by government lawyers against defendants Samuel D. Tweah, former Finance Minister, Nyanti Tuan, former Acting Justice Minister/Solicitor General, D. Moses P. Cooper, former Controller Financial Intelligence Agency, Stanley S. Ford, former Director of Financial Intelligence Agency, Jefferson Karmoh former National Security Advisor to President George Weah.
The defendants were arrested, charged and indicted for the crimes of Economic Sabotage: (Fraud on the Internal Revenue of Liberia Misuse of Public Money, Property, or Record,Theft and/or Illegal Disbursement and Expenditure of Public Money) Theft of Property, Money Laundering, Criminal Facilitation, Criminal Conspiracy.
Justice Gbeisay’s order reads, “By directive of his Honor Yamie Quiqui Gbeisay, Associate Justice presiding in Chambers, you are hereby cited to a conference with his Honor on Tuesday December 10, 2024, at hour of 10:00 am in connection with the above captioned case.
Associate Justice Gbeisay ordered the lower court to stay all further proceedings and or actions in the matter pending outcome of the conference. The accused defendants were to be arraigned before the Judge of Criminal Court “C” on Wednesday, December 4, 2024, but state prosecutors ran to the Chambers Justice of the Supreme Court on December 3, 2024 to request for the issuance of a Writ of Certiorari.
In their nine-count petition, the prosecutors said first respondent Judge Blamo Dixon manifested bias when he granted bail to second respondent Samuel D. Tweah on personal recognizance although defendant Tweah didn’t make an application thereof and was surety agreed; it was evident that the criminal appearance bonds as filed by the second respondent (Tweah) was defective and did not meet the requirement of law.
Prosecuting attorneys in the petition alleged that Tweah individually filed various bonds using properties that did not meet the statutory requirements for which government lawyers in keeping with law, filed exception to the validity of each of the various property bonds as filed by the defendant.
The petition said on the scheduled day for the hearing of the justification of the bonds filed for and on behalf of Tweah after representation of the parties were announced, his surety was sworn and put on the witness stand where he testified on direct examination that the properties he proffered into bonds for the movants/defendants were given to him by the owners of said properties to apply them for the purpose of bond as he may deem fit.
The prosecution informed the Chambers Justice that Tweah’s surety also testified further that the monetary value as inscribed in the various title deeds of the proffered bonds were genuine and authentic in fact and law; emphasizing that the Government of Liberia was aware of their existence by means of the probation registration and tax payments done for the properties to LRA.
The surety, according to the state, confirmed that two of the properties used as bond was one with the same property identification number (an anomaly) and that the properties were tax delinquent or were indebted to the Government of Liberia, thereby creating tax-lien on the bonds raised by petitioner which became glaring and conspicuous; thereupon the bond was rendered unworthy to stand as surety in these criminal proceedings bias and ground for petitioner’s petition for the issuance of the writ of certiorari.
But after government lawyers cross examination of the second respondent’s (Tweah’s) surety, first respondent (Judge Dixon) on his own accord ordered the clerk of court to read in open court, a communication from Liberia Revenue Authority (LRA) that was issued as a result of petitioner’s request for LRA to verify the surety’s tax payment for the properties proffered as bond for second respondents/ defendants.
After the reading of the communication, Judge Dixon, first respondent, used the same letter to cross the surety as to the validity of the asserted qualms raised in said letter to which the surety argued of not been served with the letter; notwithstanding, the service of said letter on second respondent/ defendant’s counsels on which basis movants/defendants moved to the court to justify the bond without care about the tax-lien on the properties as detailed in LRA communication.
“Judge Dixon without regards to his duty of cool neutrality as referee, granted second respondent’s motion to justify amidst a litany of defects on the individual and collective bonds of second respondents-another factual and legal reason for this petition for the writ of certiorari to be issued against first and second respondents in the name of justice and fair play,” the petition of state said.
It can be recalled, Tweah and other former officials of government were indicted by the Liberian government in September of this year for allegedly stealing LD$1,055,152,540 billion and US$500,000 during their tenure at their respective positions.
By T.Q. Lula Jaurey
