The lawyers representing former Speaker Cllr. Fonati Koffa and six other defendants, including three sitting lawmakers, were visibly disappointed yesterday as they left the courtroom, after Judge Roosevelt Z. Willie's ruling.
The defense team's disappointment was noticed, after the Criminal Court 'A' denied their objection and allowed the prosecution's request to remove Juror Antoinette Mulbah from the panel.
The prosecution initially acknowledged Mulbah's CDC membership, but didn't make a big deal out of it, during the jury selection process. It wasn't until they discovered her coordinator role that they pushed to have her removed, despite the juror having already been vetted and approved by both sides, and the prosecution was aware of her CDC affiliation, but didn't challenge it.
However, the defense argued that the prosecution's motives, saying they're trying to shape the jury.
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Some legal practitioners, who spoke on condition of anonymity, criticized the prosecution's request and described it as "judicial overreach, interfering with the jury process and undermining democratic freedoms.
But, defending the court's decision, Judge Willie said, Juror Mulbah's role as a Congress for Democratic Change (CDC) coordinator in Montserrado County District#13 raised concerns about potential bias, and the judge deemed it a valid reason for removal.
Her removal paves the way for an alternative juror to be appointed, on yesterday, ensuring the trial involving the former Speaker, J. Fonati Koffa and six other defendants should proceed on Wednesday.
Willie's decision to remove a juror solely because she's a CDC member had sparked intense debate among lawyers with some of them raising constitutional concerns.
Another lawyer raised his debate by citing Article 17 of the 1986 Constitution, arguing the judge's decision might be infringing on Mulbah's constitutional right to associate with the CDC.
The prosecution alleges that juror Antoinette Mulbah, has ties to the Congress for Democratic Change (CDC) party and failed to disclose this information during jury selection.
Other lawyers were outraged, calling the ruling "unprecedented, unconstitutional, and dangerous" for Liberia's jury trials.
"This decision is seen as targeting her CDC affiliation, it could set a concerning precedent," another emphasized.
Judge Willie previously rejected a similar motion, citing lack of credible evidence and noting that mere political affiliation doesn't disqualify someone from jury service.
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The defense claims the prosecution's motion is politically motivated and violates the Constitution.
Defense lawyers also argued that the move is an attempt to reshape the jury and accuse the state of targeting panel members after repeated setbacks.
This marks the third attempt by the prosecution to remove a juror, with Judge Willie previously rejecting a similar motion last week.
This development adds another layer of complexity to an already challenging case.
With defendants held without bond, ensuring a fair and timely trial is crucial. The judge's decision may inadvertently prolong their detention, adding to the controversy.
This ruling has the potential to erode trust in Liberia's justice system, sparking concerns about politicization and bias.
The trial continues today.
