Monrovia, Liberia — A Monrovia court has denied bail to Arthur Chan-Chan, a former official with the National Security Agency, who is on trial for charges of human trafficking. Such charges would normally lead to bail but experts say Chan-Chan is likely paying a price for the escape from bail in September of another man charged with trafficking.
Law enforcement officials say Cephas Selebay, an accountant for the Forestry Training Institute in Bomi County, was the mastermind of a trafficking ring that lured as many as 200 women to Oman under false pretenses. In Oman they were subjected to degrading treatment and exploitation as domestic servants. 125 have been returned home in a collaboration between government and international anti-trafficking activists. Dozens more are still in Oman. Soon after he posted bail, Selebay fled the country.
State prosecutors accused Chan-Chan of conniving with his brother Samuel to solicit money from young women and Omani agents to traffic the women to the Persian Gulf state of United Arab Emirates (UAE). The women were "promised good pay, employment opportunities to make $US500 a month as well as receiving free housing and other benefits in the UAE," according to the indictment. But it turned out to be a lie as they landed in Oman, where they "subjected to inhuman treatment by individuals they worked for at several places of work," the indictment alleges. The Montserrado grand jury charged Samuel, who is based in the UAE, in absentia. He cannot be tried until he returns to Liberia voluntarily or is extradited.
In asking for bail Cllr. Sennay Carlor, Chan-Chan's lawyer, told Judge Roosevelt Willie of Criminal Court "A" that the Liberian constitution allows bail for criminal defendants who are not charged with a capital offense. But Judge Wille refused bail. "While this crime is bailable, the facts and circumstances do not appear to us that the defendant will appear were he to be placed on bail," said Willie.
Cllr. Wesseh A. Wesseh, Liberia's Acting Solicitor General, made a strong case that bail be denied.
"If you give him a bail, he will escape," said Wesseh in his argument. "This man is a security man. All the defendant wants is to subject this court to public ridicule."
Although he didn't mention it in his ruling, Judge Willie appeared to be referring to Selebay's escape. Willie was the judge who granted Selebay bail in September. Selebay skipped bail leaving Pastor Francis Kollie, his father-in-law and a human rights activist, and Christiana Gahndolo, his sister, to serve in his place as his human sureties. After spending over a month in jail, the pair were temporarily released. The court has since extended their stay out of prison indefinitely as long as they help find the escapee.
In an interview afterwards, Wesseh said Selebay's bail decision hurt the court.
"That case is precedent," said Wesseh. "It's the same Court "A" that placed Cephas Selebay on bail and we all know the story. Chan-Chan is a security personnel. He understands the territorial limit of Liberia. So, he could abscond."
"We think that the judge ruling was in the best interest of justice," Wesseh said. "The constitution of Liberia says that every offense is bailable, but there are other facts and circumstances that the judge must determine as to whether the person can be placed on bail."
Chan-Chan's lawyer Carlor was angry with the ruling.
"I am not happy because the judge did not rule in line with law," said Carlor in an interview shortly after the ruling. "The law says all crimes are bailable. In the instant case, human trafficking is bailable. We are under obligation to take the necessary legal measures, meaning that we can go to the Supreme Court so that the Supreme Court can mandate the judge to grant our bail."
Carlor must file his opposition to Willie's ruling, known as "bill of exceptions," within ten days. Until the issue is decided the case is on hold.
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Chan-Chan is the first accused perpetrator to have a direct link to the Liberian government. This has prompted speculation among anti-human trafficking advocates that more government officials involved in trafficking might be exposed.
"I do not want to prejudice the case," said Wesseh. "If anybody is connected to the case, eventually, we can deal with that later."
Liberia's revised anti-human trafficking law means anyone convicted of trafficking will face a minimum prison term of 20 years. In April, two women were handed such sentences in connection with trafficking women to Oman. A number of people are also standing trial in various courts across the country on human trafficking charges, some in relation to Oman.
This is a collaboration with New Narratives as part of its Liberia Investigates project. Funding was provided by the US Embassy in Monrovia. The funder had no say in the story's content.
