Published: November 13, 2024
Monrovia – Criminal Court ‘C’ at the Temple of Justice has scheduled a hearing for Thursday, November 14, 2024, to address the government’s objections to an US$8 million criminal appearance bond filed by former Finance Minister Samuel D. Tweah. This hearing will consider the prosecution’s motion of exceptions and a motion for justification of sureties, following initial procedural delays.
On October 9, 2024, Judge A. Blamo Dixon of Criminal Court ‘C’ declined to consider the prosecution’s objections to the defendants’ appearance bonds, citing procedural issues – the case was not on the docket.
Montserrado County Attorney Cllr. Richard Scott Jr., representing the government, questioned why Judge Dixon approved the bond despite stating that the case was not docketed for the August court term. In defense of his earlier decision, Judge Dixon noted that the case involving Tweah and his co-defendants was not formally scheduled for the August term of 2024, and neither the prosecution nor defense requested an advancement on the court docket.
Judge Dixon further explained that the case had been transferred from Criminal Court “A” to “C” on September 6, 2024, just as the August term was winding down. The term officially closed on September 30, 2024, and the court’s closing chambers session, a limited period for concluding term business, had nearly expired, precluding further proceedings.
The case, now set to proceed in the November term, involves several high-profile defendants, including former Acting Justice Minister Cllr. Nyanti Tuan, former Financial Intelligence Agency Controller D. Moses P. Cooper, former FIA Director Stanley S. Ford, and former National Security Advisor Jefferson Karmoh. The defendants face charges of economic sabotage, misuse of public funds, theft of property, illegal disbursement of funds, and conspiracy.
Government lawyers, led by Solicitor General Cllr. Augustine Fayiah and Cllr. Richard Scott, have raised serious concerns about Tweah’s bond. According to the prosecution, the bond relies on a property with two conflicting property identification numbers (PIDs), 33933 and 25115, sparking doubts about its legitimacy. They claim that Liberia Revenue Authority (LRA) records show no ownership details for PID 25115 and that PID 33933 carries a tax liability of $23,737.80, making it legally ineligible as bond collateral.
The prosecution argues that the bond amount is insufficient, asserting that it should be at least twice the alleged embezzlement amount, plus a calculation based on potential imprisonment time. They contend that Tweah’s bond does not meet these legal standards, rendering it “insufficient and defective.”
In addition, the prosecution highlighted that the sureties on Tweah’s bond are identical to those on co-defendant Stanley Ford’s bond, which, they argue, compromises the bond’s legal standing. They cited statutory requirements mandating that bail bonds meet financial adequacy and integrity standards, urging the court to reject Tweah’s bond, rearrest him, and detain him until a valid bond is posted.
Tweah’s defense team responded forcefully, calling for the court to reject the prosecution’s objections and uphold the bond. They argue that the bond meets all legal criteria under Liberian law, and they invoked the constitutional mandate against excessive bail. They claim the government’s demand for an exorbitant bond amount infringes on Tweah’s presumption of innocence.
The defense contends that under Liberian law, criminal defendants are presumed innocent, and excessive bail terms infringe upon this presumption. They argue that the prosecution’s calls for a higher bond effectively deny Tweah his right to a reasonable bail, a principle enshrined in Liberian criminal law.
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