Liberia: Tweah's Trial - Prosecution's Lead Witness Confronted With Conflicting Testimony, Evidence

MONROVIA - Defense counsel Arthur Tamba Johnson on Monday continued a methodical cross-examination of the prosecution's lead witness, pressing him on contradictions between the anti-corruption agency's investigative report, his courtroom testimony and written statements submitted by the defendants.

Witness Baba Borkai of the Liberia Anti-Corruption Commission testified that former Acting Justice Minister Nylanti Tuan had told LACC investigators he intended to provide receipts accounting for the disputed $6 million allocated to joint security agencies. But when Johnson asked Borkai to identify where that claim appears in the prosecution's evidence, the witness could not point to it.

Johnson then read aloud Tuan's sworn statement to the LACC. It contained no reference to any such promise.

When pressed on whether the defendant had submitted any additional statement not included in the court record, Borkai did not answer directly, offering instead a lengthy response that drew visible attention from observers in the courtroom.

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Johnson then put the contradiction squarely to the witness.

"Mr. Witness, you have presented three conflicting accounts to this court and jury," Johnson said. "Your final investigative report, which makes no mention of any promise by defendant Tuan to provide receipts; the defendant's signed written statement, which also contains no such information; and your oral testimony before this court asserting that he made such a statement. Which of these should the jury rely upon in determining the truth?"

Prosecutors objected. The court overruled.

Borkai told the jury it should consider all three accounts in reaching its conclusion.

The response drew immediate scrutiny from legal observers present in the courtroom, who said it raised serious questions about the witness's reliability at a critical stage of the trial.

Cross-examination of Borkai is expected to resume in the afternoon session.

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