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Liberia: Dillon Shuns House's Citation
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The Analyst (Monrovia)
11 March 2008
Posted to the web 11 March 2008
The former chief of office staff of the former Speaker Edwin Snowe, Jr. now serving that same position in the office of Bong County Senator Jewel Howard-Taylor, has turned down a citation requesting him to appear before the House of Representatives to provide evidence of his allegation he made recently in the local media against lower house of parliament.
Mr. Draius Dillon accused the Judiciary Committee of concocting plans to suspend Bong County Representative Samuel Bono and to expel Montserrado County Representative Snowe.
The House took offense and cited Mr. Dillon who requested for one week to consult his lawyer and properly defend himself against a charge of contempt that hung over him.
Plenary refused to grant him the one week and ordered his detention for six months without giving Dillon the benefit of the due process of law, at least to be heard.
Mr. Dillon was sent to jail at the Monrovia Central Prison where he spent three days before he was released following pressure from the public. The House still wanted him to appear and do what Dillon had asked for, at least one week. The House Plenary gave him after refusing to do so the first time.
On walking out of the Monrovia Central Prison, Dillon sternly asserted that he would not appear before the House Plenary any more because it does not believe in the rule of law and due process. He does not think he would get justice.
Deputy Chief Clerk of the Lower House, Mildred Sayon wrote Dillon, dated February 29, 2008, citing him to appear before the Plenary of the House of Representatives on Thursday, March 6, 2008 at the hour of 10a.m to provide evidence of his accusation published by the Print and Electronic media.
In his reaction to the citation, Mr. Dillon said he considered it ill-advised to favorably respond to the House's citation without seeking counsel from the Liberian Senate under whose aegis he currently works as a senior staff member.
He averred his latest action is in consonance with Rule 48 of the Liberian Senate, among other circumstance involved. "Madam Deputy Chief Clerk, let me clearly state that I am apprehensive about reappearing before the 'Honorable Body' for the same matter for which I was been unduly convicted and sentenced," Mr. Dillon told the House.
According to him, Article 21 (h) of the 1986 Liberian Constitution justifies his apprehension when it clearly states that "No person shall be held ... No person shall be subjected to double jeopardy" which the seventh edition of the Black's law dictionary defines as "the fact of being prosecuted twice for substantially the same offense".
Mr. Dillon who sees the citation as suggesting to be the first on the matter, reminded the lower house that the citation was requesting his second appearance before Plenary on the said matter for which he did appear on February 26, 2008, charged with contempt and jailed at the Monrovia Central Prison without due process of Law and observance of his fundamental rights.
He described his second appearance as a double jeopardy, indicating that no one is supposed to be punished twice for the same crime.
He informed the Lower House that as a member of staff of the Liberian Senate, he could have selected not to appear before the House in response to the House's earlier citation of February 20, 2008 as a provision of the Senate's standing rule prohibits him from doing so.
He disclosed that rule 48 section 2 of the Senate's standing rules as authorized by Article 38 of the 1986 Liberian Constitution expressly states:
"Members of the Liberian Senate together with official and employees of said body shall be privileged from arrests, excepts for treason, felony or breach of the peace while attending, going to or returning from session of the Legislature as well as when the Legislature has been adjourned since the issuance of writs or citations against Senator or employee and members of staff compelling or requesting their appearance elsewhere than where their Legislative duties require is therefore contemptuous to the body and shall be punished as the Senate shall decide."
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He said he had appeared first because of respect of the "Honorable Body" of the House and consistent with the Spirit of cordiality that subsists between houses. "Unfortunately the hearing did not proceed in keeping with due process and I was ordered incarcerated under questionable circumstances."
Mr. Dillon said he views the action as an unorthodox precedence permeating the sacred works of the Legislature of a time when the Legislature should be seen as upholding the laws of the land.
He said Article 44 on which the House prosecuted him demanded hearing consistent with due process before judgment which was abused.
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