Published: October 10, 2024
TEMPLE OF JUSTICE, Monrovia – Criminal Court ‘C’ Judge A. Blamo Dixon on Wednesday, October 9, 2024, declined to entertain the government’s objections to the criminal appearance bonds and motions for justification of sureties filed by former Finance Minister Samuel D. Tweah and other accused former officials. The decision came amidst questions over the legality and adequacy of the bond provided.
The prosecutors have opted to seek redress to the ruling before the Supreme Court.
Samuel Tweah, alongside former Acting Justice Minister Cllr. Nyanti Tuan, former comptroller and director of the Financial Intelligence Agency (FIA), D. Moses Cooper and Stanely Ford, respsectively, face accusations of economic sabotage and misuse of public funds. Central to the prosecution’s challenge is the $8 million property bond posted by Tweah. The government, led by Montserrado County Attorney Cllr. Richard Scott Jr., raised concerns about the properties listed as bond collateral, questioning their documentation and sufficiency to cover the required amounts.
Judge Dixon’s refusal to hear the government’s objections was based on procedural grounds—the case had not been advanced in the court docket for the current term, which concluded on September 30, 2024. He pointed out that since the case transfer from Criminal Court ‘A’ to ‘C’ on September 6, neither party had moved to expedite the docketing process. Thus, with the term having ended, Dixon declared his jurisdiction expired until the next term of court.
“The case is not on the docket for the August term of court, and will be rescheduled for the November term starting November 11,” declared Judge Dixon, ordering that the prosecution disclose all evidence by November 11, with the hearing set for the following day.
Contentious Bond Objections
The government argues that the property with Property Identification Number 33933 carries a tax liability of $23,737.80, rendering it ineligible under Liberian law to act as bond collateral. Additionally, the total bond amount was deemed insufficient given the alleged financial crimes involved, with prosecutors arguing that it should be at least double the embezzled amount to ensure potential restitution.
LRA Commissioner General Dorbor Jallah’s correspondence disclosed further irregularities, including a property valuation initially recorded at $6 million, then voided and reduced significantly.
Jallah detailed further discrepancies, noting, “It is also observed that the US$6,000,000.00 was initially imputed into the system on February 17, 2023, and attracted a tax bill of US$15,000. It was subsequently voided and reinputted at the value of US$600,000.00 with a tax bill of US$1,500.”
Commissioner General Jallah further stated, “Randolph S. Cole and Rafina J. Cole’s property is yet to be indentified and assessed by the valuation section of the Real Estate Tax Division since it was discovered on February 20, 2023 when the US$6,000,000 was inputted into the system on February 17, 2023.”
Responding to the challenges, Tweah’s legal team asserted the bond’s legality and sufficiency under current laws, stating that the Constitution protects against unreasonable and excessive bond demands. They argued the presumption of innocence as a fundamental right, contending that excessive bond conditions could undermine this principle.
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