Judge Kennedy Peabody has been accused of providing incorrect instructions to jurors in the Plan Parenthood Association of Liberia's (PPAL) US$150K theft case. The 12-member jury of Criminal Court 'C' returned guilty verdicts on all seven charges against four former senior officials of PPAL for allegedly misusing funds from a UNFPA project.
Following the verdict, defense lawyers announced an appeal to the Supreme Court, alleging that Judge Peabody's instructions to the jurors were improper. The defense argued that the Judge did not properly address the key issues in the case, which could have influenced the jurors' decision.
Before the verdict, Peabody, according to the defense, requested the parties (defense and prosecutors) to file a brief each, summarizing their respective arguments, to be read to the jurors.
"We raise three major issues in our brief that we believe if he was to read our arguments, the jurors would have come up with a non-guilty verdict," the defense argues. "Judge Peabody did not read any of our three issues to the jurors. He coined his issues, whether or not the crime was committed and whether it was the defendants who committed the crime," the defense claims.
However, Judge Peabody has denied these accusations, stating that he provided instructions in accordance with jury instructions laws.
The Liberia Anti-Corruption Commission (LACC) indicted the former PPAL officials based on a forensic audit conducted by Parker and Company LLC, subcontracted by UK-based firm Moore Stevens.
Those indicted by the audit report in 2022 were Madam Miatta K.K. Cojolo, Executive Director; Ernree Bee Neeplo, former Program Manager; Ernest Vobah, former Finance and Administrative Manager; William Gibson, former HR Officer; and Peter Collins, Vice Chairperson of the PPAL's board.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
The prosecution claimed that the defendants misused funds from a project account for purposes other than what was intended, leading to the purchase and transfer of a vehicle to personal ownership.
The prosecutors also claimed that the defendants, in the discharge of their duties as officials of PPAL, knowingly and purposely conspired in the withdrawal of US$38,800.00 from the BMZ project account under the pretext of setting up a Youth Center.
Unfortunately, according to the prosecutors, the defendants "diverted the same towards the purchase of a vehicle (White Ford Everest) SUV with VIN: MNCLS4D10BW321364 in the name of PPAL; and for subsequently changing the title of said vehicle from the Institution (PPAL) to the personal property of Miatta K.K. Cojolo".
The defense has disputed the credibility of the audit findings, highlighting previous financial statements audits conducted by Parker that did not uncover malpractices during the defendants' tenure.
The prosecution has stated that the decision to indict the defendants stemmed from a tip-off by civil society organizations and the findings of the Parker Audit. The case is set to move forward to the Supreme Court for further review.
