Liberia: 'Unconstitutional & Unprecedentedly Dangerous'

opinion

-Defense terms judge Willie juror removal over CDC link

Defense lawyers, representing former House Speaker, Cllr. Jonathan Fonati Koffa and others in the Capitol Building arson trial have termed Judge Roosevelt Z. Willie's ruling and decision to remove one of the seating jurors as unprecedented, unconstitutional, and dangerous for the integrity of the jury trial.

The move follows a heated legal exchange in Criminal Court 'A' at the Temple of Justice in Monrovia on Tuesday, December 2, 2025, after Judge Willie, the resident Circuit Judge of Criminal Court 'A' ordered the removal of a seated juror identified as Antoinette Mulbah (J30-9550) based on claims of her political affiliation with the Coalition for Democratic Change and presumed political bias.

Judge Willie's decision sparked strong objections from the defense counsels, who accused the prosecution of deliberately attempting to stall proceedings and undermining the integrity of the jury.

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In their resistance to the prosecution's Bill of Information and accompanying motion, the defense counsel argued that the repeated filings of motions by the State prosecution were part of a strategy aimed at delaying the trial and ultimately disbanding the jury panel.

" Your honor, we pray that you dismiss this motion and trash this claim and let the proceeding continue because this is a delay tactic by the prosecution in these proceedings. Granting this petition will be considered "unprecedented, unconstitutional, and dangerous for the integrity of jury trials in Liberia," they noted.

They further reminded the court that several defendants in the case remain incarcerated without bond, adding that the prosecution's continued destabilization of the jury selection process risks further delaying an already prolonged trial.

According to the Defense, the Prosecution's actions violate the 1986 Constitution of Liberia, which prohibits discrimination against citizens based on political association.

The defense argued that no Liberian citizen should be prevented from performing civic duties, including jury service, because of their membership with a political party.

They contended that the Prosecution had both the opportunity and the legal means to challenge the juror during voir dire, including through peremptory challenges.

They, among other things, noted that the government lawyers had failed to do so at that time, and insisted that the prosecution had effectively forfeited any later objection.

Central to the Prosecution's claim was an allegation that the juror in question, identified as Juror J30-9550, is a member of the Congress for Democratic Change (CDC) and serves as Chairperson of District #13.

Photos purportedly showing the juror participating in partisan activities were attached to the prosecution's motion.

However, Defense Counsel dismissed the images as "not scientific or virtual proof," arguing that they failed to meet the evidentiary standard required to justify the juror's removal.

The Defense further noted that the court had previously denied a similar Prosecution motion seeking the removal of another juror, Juror 130-9819, also based on alleged political affiliation and a photo submitted as evidence.

Meanwhile, the matter is expected to go into full trial on Wednesday, December 3, 2025, at 10 a.m. in the Chambers of Criminal Court 'A' at the grounds of the Temple of Justice. - Edited by Othello B. Garblah.

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