A legal drama involving former Finance Minister Samuel Tweah's US$8 million property valuation bond on Wednesday showed how disappointed the government lawyers were with Judge Blamo Dixon of Criminal Court 'C'.
The state prosecutors had hoped Wednesday would bring legal closure to the bond issue, but Judge Dixon did not give either of the parties (state lawyers and defense) opportunity to argue their respective sides to the argument, as has been the established practice.
However, the judge informed the parties that he had declined to hear the bond argument case.
Justifying his abrupt action, Dixon said, "to sum-up, the August Term of Court, A. D. 2024 closed for transaction of Business on September 30, 2024; same being the 42nd Day's Jury sitting."
Interestingly, and knowing that the August Term would close on September 30 Dixon, on September 25, approved the Tweah's bond.
"The court is obliged to approve the said bond and have the said co-defendant released from prisoner Bench and from further detention," Dixon then said to the disagreements of the prosecution.
Dixon, however, explained that the court refused to have the defendant detained at the Monrovia Central Prison because he had filed a bond in the presence of his lawyers. And, he was out of the bailiwick of the Republic of Liberia and has just arrived in the country with his bond in the hands of his lawyers.
Dixon also said Tweah is entitled to remain silent and that any word spoken out of his mouth would be used against him in the Court of law.
"Defendant is also entitled to a lawyer or lawyers of his own choice and he is entitled to continuance, Motion for Change of venue, if he so desires, and he is also entitled to a Motion to Recuse the Judge, if he also so desires," Dixon said to Tweah.
It was this judgment that the state prosecutors had challenged and argued that it was marred with discrepancies related to the ownership and evaluation of the properties listed in the bond, with one property flagged for an outstanding tax lien.
Moreover, the prosecutors have highlighted that the properties listed may not meet legal standards even if they were properly assessed and unencumbered.
Additionally, there are concerns about the bond's coverage, as Tweah's criminal appearance bond is already being used as surety in another case involving a co-defendant.
Dixon explained that the rationale is that the Case involving Defendant Samuel D. Tweah, Jr. and the other co-defendants is not docketed for the August Term of Court, A. D. 2024.
"In other words, the Case is not on the Docket for the August Term of Court, A. D. 2024," Dixon clarified his action.
The question now arises that, if Judge Dixon's explanation is anything to go by, then why did he first grant the bond with specific conditions, if the case was not docketed as he was claiming.
But Dixon said, it is worthy to note that the said Case was transferred from the First Judicial Circuit, Criminal Court 'A', Montserrado County, Republic of Liberia, to the Criminal Court 'C' on September 6, 2024, same being the 22nd Day Jury Sitting, about one month ago; but the Prosecution and the Defense Team failed to file a Motion to Advance the Case on the Docket for the August Term of Court, A. D. 2024.
"Therefore, the Case is not docketed for the August Term of Court, A. D. 2024," Dixon emphasized.
"To sum up, the August Term of Court, A. D. 2024 closed for transaction of Business on September 30, 2024; same being the 42nd Day's Jury sitting.
"That is to say, the Judge is out of Term, Time, or his Assignment to preside over the Criminal Court 'C' has expired, pending new Assignment from the Chief Justice of the Honorable Supreme Court of
Liberia," Dixon said.
"The Closing Chambers Session of the Court, which is only for Ten (10) Days, commenced on Tuesday, October 1, 2024. The Court has already exhausted eight Days, with two days remaining to the Closing Chambers Session of the Court and the entire August Term of Court," emphasized Dixon.
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Dixon said, the stage that the Case is on now does not fall in the category of Cases that require appealing to the Chief Justice of the Honorable Supreme Court of Liberia for Extension of time.
According to the judge, the Case is a new Case.
He explained that the Indictment was drawn up on September 5, 2024 by the Grand Jury of Montserrado County, Republic of Liberia, sitting in its August Term, A. D. 2024.
"The Court is poised to have the Case docketed for the November Term of Court, A.D.2024; in the absence of the Motion to Advance the said Case on the Docket for the August Term of Court, A. D. 2024," he emphasized, adding: "The filing of such motion is late and moot. The November Term of Court, A. D. 2024 shall commence on November 11, 2024. In conclusion, the Clerk of Court is hereby ordered to have the said Case docketed for the November Term of Court, A. D. 2024.
Therefore, Dixon said, "the Court is indisposed to hear the said Exceptions and its adjuncts. The Court shall commence the said hearing on November 12, 2024."
