The trial of former Speaker Cllr. Fonati Koffa and six other defendants, including three sitting lawmakers, was unexpectedly suspended on Monday, December 1, due to concerns over a juror's potential bias.
The prosecution alleged that juror Antoinette Mulbah affiliates with the Congress for Democratic Change (CDC) party -- a situation that could compromise her impartiality.
The prosecution also clarified their position: they argue that they are not objecting to Juror Antoinette Mulbah's political affiliation with the CDC party, acknowledging it's her constitutional right.
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Instead, they're challenging her statement during the selection process, claiming she misrepresented herself by saying she had no connection to the defendants, who are CDC stalwarts.
This alleged misinformation is the basis for their objection, aiming to ensure the trial's integrity.
But, in counterargument to prosecution's request for juror Antoinette Mulbah's removal, the defense lawyers requested for a continuance, asking the court to pause the case.
They cited that they just received the prosecution's request to remove Juror Antoinette Mulbah and need time to respond to the accusation that she misinformed the court about her connection to the defendants.
They sought adequate time to prepare their response.
Meanwhile, Judge Roosevelt Z. Willie agreed with the defense lawyer's contention and temporarily suspended the case and rescheduled it for hearing tomorrow, allowing the defense lawyers time to respond to the prosecution's request to remove Juror Antoinette Mulbah.
Liberia's legal framework is clear: mere political affiliation isn't enough to disqualify someone from jury service. There got to be evidence of actual bias or a reasonable apprehension of bias.
It can be recalled that Judge Roosevelt Z. Willie had denied a similar request for the removal of Juror Antoinette Mulbah on the basis that prosecution failed to establish evidence of actual bias, and the court cannot rely on unauthenticated photographs from social media.
The Liberian Constitution and jury law, according to Willie, prioritize impartiality, and the court will only remove a juror if there's proven bias or conflict of interest.
In this case, juror Antoinette Mulbah denied being in the images of a group of partisans of the CDC during a campaign rally, explaining that the individual identified by the prosecution was her mother
Willie's ruling aligns with this principle, denying the prosecution's request to remove Juror Antoinette Mulbah based on her CDC affiliation alone.
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The prosecution furthermore argued by claiming Juror Antoinette Mulbah's alleged false answer about her connection to the defendants shows she can't be impartial.
They're pointing to a photo they believe is her receiving birthday wishes as a party chairperson/coordinator, suggesting she's more involved with the CDC than she let on. This, they argue, means she likely interacts with the co-defendants, compromising her ability to remain unbiased.
