Former Finance Minister Samuel D. Tweah and four other ex-officials of government on Friday, December 20, 2024 pleaded not guilty to all economic related crimes levied against them, joining issue with the state.
Defendants Samuel Tweah, former Finance Minister, Nyanti Tuan, former Acting Justice Minister/Solicitor General, D. Moses P. Cooper, former Controller of the Financial Intelligence Agency, Stanley S. Ford, former Director of Financial Intelligence Agency, and Jefferson Karmoh, former National Security Advisor to President George Weah, were arraigned before court after the reading of the indictment with all pleading not guilty.
Prior to their not guilty plea, Judge A. Blamo Dixon ruled and denied state lawyers’ Motion for Recusal’ for him not to preside over the case.
Judge Dixon adjudged that the joint bond filed in favor of defendants Nyanati Tuan, Jefferson Karmon and D. Moses P. Cooper was approved at the First Judicial Circuit, Criminal Court “B”, Montserrado County, as the Presiding Judge of Criminal Court “C” approved of the separate Bonds filed in favor of Defendants Samuel D. Tweh, Jr. and Stanley S. Ford.
According to him, the three bonds were endorsed by the Presiding Judge and the Justice Presiding-In-Chambers sanctioned the endorsement of the bonds of all of the defendants wondered whether or not the detention of only Defendant Samuel D. Tweh, Jr. at the Monrovia Central Prison Compound will help to establish the case of the prosecution against the defendants or detention of all of them.
Judge Dixon ruled that Defendant Tweah should be accorded due process of law and his fair trial rights, even though the Harmonization Program initiated and implemented by the said defendant grossly affected all Judges in the Jurisdiction.
Also, the Judge said the third pillar of the Arrest Agenda of the Government is “Rule of Law” therefore, the courts expect officials of the Ministry of Justice to respect, defend and protect the fundamental rights of all Liberians and all persons residing in the territorial confines of the Republic.
He said a defendant in a criminal case is presumed to be innocent until the contrary is established by the prosecution as the burden of proof always rests on the accuser.
Judge Dixon said that the Motion for Recusal is filed in bad faith, because it should have been filed before the filing of the petition for the Writ of Certiorari filed before His Honor Yamie Quiqui Gbeisey, Sr., Justice Presiding-In-Chambers of the Supreme Court which was also denied and rejected by the Justice; as such, the Motion for Recusal is a recital of the counts of the petition for the Writ of Certiorari.
Furthermore, Judge Dixon said that the Justice issued a mandate to him to preside over the matter against whom the petition was filed by the prosecution.
“The Mandate reads that the Presiding Judge must “resume jurisdiction over the case and proceed in keeping with Law.” The filing of the Motion for Recusal is a gross Contempt of Court of the High Court and contravention of its Mandate. The Mandate is now the trump card to proceed with the Case without any further delay,” he said.
Moreover, the statutory elements for recusal according to Judge Dixon are: prejudice, conflict of interest, biasness, hostile attitude, improper conduct, Gesture, abuse of cool neutrality, abuse of discretion, disability, personal interest, incapacitation and others.
He said state prosecutors’ motion woefully failed to state any of the statutory grounds mentioned with evidence; as such, the granting of a bail bond to a citizen (s) of Liberia for multiple crimes that are bailable does not constitute biasness or conflict of interest for recusal.
“The refusal of a Trial Judge to proceed with a Case out of Term Time also does not constitute abuse of Cool neutrality or Improper Conduct for recusal. Judicial Canons referenced and the irrelevant and immaterial Issues raised in the Motion are not analogous to the Criminal Case before the Court,” Judge Dixon said.
On Wednesday, December 18, 2024, the trial was expected to begin after the Supreme Court Chambers Justice declined to issue a Writ of Certiorari prayed for by prosecuting lawyers regarding former Finance Minister Samuel D. Tweah and four others to answer to alleged corruption allegations.
Initially, the court set December 4, 2024 for the commencement of the case hearing but government lawyers filed a writ of certiorari against Judge Dixon and defendants Samuel D. Tweah for what they referred to as defective bail bond.
The 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 tenures of their respective positions.
The indictment is as a result of a complaint filed by the Liberia Anti-Corruption Commission (LACC) through the Ministry of Justice.
The former officials were indicted for 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) 2. Theft of Property, Money Laundering, Criminal Facilitation, Criminal
Conspiracy.
It can be recalled that former Solicitor General Nyanti Tuan, P. Moses D. Cooper, Jefferson Karmoh and Stanley S Ford, were arrested and Jailed on July 29, 2024 while former Finance Minister Samuel D. Tweah left the country. However, four officials were later released on bail following their detention at the Monrovia Central Prison.
By T.Q. Lula Jaurey
