The Ministry of Justice (MoJ) has requested the Supreme Court to halt the ongoing case involving former Finance Minister Samuel Tweah and his co-defendants in an economic sabotage case.
Associate Justice Yarmie Quiqui Gbeisay, who is the current Chambers Justice, issued a stay on the Criminal Court 'C' proceedings, temporarily halting further actions in the case.
This comes months after Tweah and his co-defendants were indicted, and weeks of legal skirmishes that have delayed the commencement of the case, which action, one of the defense lawyers, Cllr. Arthur Johnson, has repeatedly described it as "an abuse of the due process rights of the defendants."
A conference, ordered by the Chamber Justice, is scheduled for December 10 to discuss the MoJ's request for a writ to halt proceedings in the matter.
Judge Blamo A. Dixon had initially set a hearing for the following day, but Justice Gbeisay's order postponed further proceedings until the December conference.
"You are ordered to stay all further proceedings and or actions in the matter pending the outcome of a conference on Tuesday, December 10, 2024," Justice Gbeisay's order, through a written communication dated December 3, mandated.
The MoJ's request aims to address issues related to an US$8 million property valuation bond and Judge Dixon's previous decisions in the case.
In the writ, the ministry asked Justice Gbeisay to pause proceedings in the case, while prosecutors figure out the way forward in Judge Blamo Dixon's decision to grant the US$8million property valuation bond posted by Patrick Coleman that was intended to prevent Tweah's incarceration.
The Ministry cited Dixon's decision on the US$8million property valuation bond as one of the reasons for the stay order.
Judge Dixon initially dismissed an effort by prosecution to force him to reverse his earlier decision to grant Tweah the US$8million property valuation bond, one of a series of decisions that largely favor the defense.
The defense has raised concerns about the prosecution's handling of evidence and procedural tactics, accusing them of disrespecting court orders. Cllr. Johnson argued that the prosecution's actions amount to contempt and delay strategies, hindering the fair trial rights of the defendants. The defense maintains that the prosecution's motives are political and seek to discredit and imprison Tweah without a speedy and fair trial.
The case involves allegations of economic sabotage, fraud, and misuse of public funds, with specific details of financial transactions and misappropriation cited in court documents.
Tweah, the most high-profiled accused, has since termed the trial as "politically motivated."
It can be recalled that during the hearing in September 2024, judge Dixon mandated the prosecution to turn over to the defense team all pieces of evidence in its possession to satisfy the requirements of notice of discovery.
Unfortunately, Cllr. Johnson argues that prosecution has refused and neglected to disrespect the Court's order for discovery arguing "this is contemptuous."
Furthered to his objection, Cllr. Johnson argues that the prosecution is engaging in "delay and dilatory procedure tactics."
"This evidence by two unmeritorious letters of excuse by the MoJ under the signature of the Montserrado County attorney, Cllr. Richards Scott," Johnson noted.
He however told the court that such excuses must be prevented at any hearing as provided under the Liberian law.
He said, the law provides for prosecution to appear in court to argue its excuse in the presence of a judge and not dictate in a letter sent to the court.
According to him, when the party files the request such should be served on the adverse part. as a notice of requirement that is, the defense team. It must be first heard and granted the excuse. Moreover, Johnson explained that when the request is made, to the court for a continuous, the party making such request cannot dictate the time and date for the continuous.
"In the minds of the defense, this constitutes contempt because it attempts to signal that the prosecution is playing the role of a judge not a prosecution," argued.
Johnson said the request is flimsy and attempts to employ procedural delay tactics and complete disrespect to the court and to defeat the ends of Justice.
"This is an abuse of the due process rights of the defendants including Tweah," Johnson argues.
According to Johnson, it was the same prosecution that announced to the world and the Liberia jury by media and a public sentiment that Tweah was escaping Justice and that there was an Interpol alert issued by the government against the defendant, but with all of these assertions, the defendants are yet to be indicted.
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"The only desire and intent of the Prosecution was to see Tweah disgraced and incarcerated as their way of Justice, but not to accord a speedy and fair trial under the laws of Liberia," Cllr. Johnson told the court.
Tweah along with Cllr. Nyenati Tuan, then Acting Minister of Justice, and Acting Chairman of the National Joint Security, Stanley Ford, former Financial Intelligence Agency (FIA), Director General & member Joint Security Council, and D. Moses P. Cooper, former Comptroller, FIA, in the discharge of their duties as officials of the National Joint Security of Liberia and the Financial Intelligence Agency, did conspire, collude, facilitate and commit the Crime of Economic Sabotage (Fraud on the internal revenue of Liberia; Misuse of Public Money, Property or Record and Theft and/ or illegal disbursement and expenditure of public money.
The court's document alleges that, between September 8-21, 2023, from transfers instructions documents submitted to the LACC Investigation by the CBL, it shows that the total amounts transferred to the Operational accounts of the FIA by the CBL as per the instruction from the MFDP are L$1,055,152,540.00 billion and US$500,000.00.
