Monrovia — The Ministry of Justice has requested a delay in the hearing of its exceptions to the US$8 million criminal appearance bond filed for former Finance Minister Samuel D. Tweah and his co-defendants, as well as the defendants' motions for justification of sureties. The Justice Ministry requested that the hearing, originally scheduled for Thursday, November 14, 2024, at Criminal Court 'C,' be postponed to Friday, November 15, to allow prosecutors to attend a habeas corpus hearing before Criminal Court 'A.'
In a communication to Criminal Court 'C,' Montserrado County Attorney Cllr. Richard Scott, acknowledged the court's notice of assignment for November 14 but requested rescheduling due to the conflicting court appearance.
Samuel D. Tweah and his co-defendants, including former Acting Justice Minister Cllr. Nyanti Tuan, former Financial Intelligence Agency Controller D. Moses P. Cooper, former Financial Intelligence Agency Director Stanley S. Ford, and former National Security Advisor Jefferson Karmoh, face multiple charges. These include economic sabotage, misuse of public funds, theft, money laundering, criminal facilitation, and conspiracy.
The legal proceedings were initially delayed on October 9, 2024, when Criminal Court 'C' Judge A. Blamo Dixon declined to hear the prosecution's exceptions to the bond, as the case had not been officially docketed for the August term. Government lawyers, led by Solicitor General Cllr. Augustine Fayiah and County Attorney Cllr. Scott, threatened to file a writ of certiorari after Judge Dixon's refusal.
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Judge Dixon explained that the case was transferred from Criminal Court 'A' to 'C' in September 2024, well after the August term began, and neither party filed a motion to advance the case on the docket. With the August term having closed on September 30, 2024, and his assignment ending, Judge Dixon deferred the matter to the November term.
The Ministry of Justice has raised concerns regarding Tweah's bond, arguing that the property used to secure it includes two conflicting property identification numbers, 33933 and 25115, which raises questions about its legitimacy. The Liberia Revenue Authority (LRA) confirmed that there is no record for PID 25115 and that PID 33933 has a tax lien of $23,737.80, disqualifying it as collateral for the bond.
The prosecution contends that Tweah's bond is insufficient, arguing that it should be at least twice the amount allegedly embezzled, plus an additional amount based on potential imprisonment. They also highlighted that the same sureties back Tweah's and co-defendant Stanley Ford's bonds, rendering Tweah's bond "defective and untenable."
The prosecution has requested the court to reject Tweah's bond, rearrest him, and detain him until a valid bond reflecting the severity of the charges is provided.
Defense attorneys for Tweah, however, maintain that his bond meets legal requirements and assert that the demand for an excessive bond violates the Liberian Constitution's prohibition on unreasonable bail. They argue that imposing excessive bail infringes on Tweah's presumption of innocence and request the court dismiss the prosecution's exceptions.
