By Staff Writer
State’s lawyers are making the first formal push to have Judge Blamo Dixon of Criminal Court ‘C’ overseeing former Finance Minister Samuel Tweah’s US$8million property valuation bond case be recused and disqualified from the matter.
Their decision may have been raised after Judge Dixon recently rejected an effort by state lawyers to push for thorough review of the US$8million property valuation bond.
During the rejection, Dixon said, Tweah was out of the bailiwick of the Republic of Liberia and has just arrived in the country with his bond in the hands of his lawyers.
Dixon also said Tweah is entitled to remain silent and that any word spoken out of his mouth would be used against him in the Court of law.
The recusal decision, the prosecutors argue shows the judge “suggested that Tweah should not be imprisoned and the bond granted.”
“Such statements, made before this case began and without due process, are inherently disqualifying,” state prosecutors’ said.
In one hearing on October 9, declined to hear prosecutors request for jurisdiction of the Tweah’s bond.
State’s lawyers raised concerns about the bond’s coverage, as Tweah’s criminal appearance bond is already being used as surety in another case involving a co-defendant.
Dixon, however explained that the rationale is that the Case involving Defendant Samuel D. Tweah, Jr. and the other co-defendants is not docketed for the August Term of Court, A. D. 2024.
“In other words, the Case is not on the Docket for the August Term of Court, A. D. 2024,” Dixon clarified his action.
The question now arises that, if Judge Dixon’s explanation is anything to go by, then why did he first grant the bond with specific conditions, if the case was not docketed as he was claiming.
But Dixon said, it is worthy to note that the said Case was transferred from the First Judicial Circuit, Criminal Court ‘A’, Montserrado County, Republic of Liberia, to the Criminal Court ‘C’ on September 6, 2024, same being the 22nd Day Jury Sitting, about one month ago; but the Prosecution and the Defense Team failed to file a Motion to Advance the Case on the Docket for the August Term of Court, A. D. 2024.
“Therefore, the Case is not docketed for the August Term of Court, A. D. 2024,” Dixon emphasized.
“To sum up, the August Term of Court, A. D. 2024 closed for transaction of Business on September 30, 2024; same being the 42nd Day’s Jury sitting.
“”That is to say, the Judge is out of Term, Time, or his Assignment to preside over the Criminal Court ‘C’ has expired, pending new Assignment from the Chief Justice of the Honorable Supreme Court of Liberia,” Dixon said.
“The Closing Chambers Session of the Court, which is only for Ten (10) Days, commenced on Tuesday, October 1, 2024. The Court has already exhausted eight Days, with two days remaining to the Closing Chambers Session of the Court and the entire August Term of Court,” emphasized Dixon.
Dixon said, the stage that the Case is on now does not fall in the category of Cases that require appealing to the Chief Justice of the Honorable Supreme Court of Liberia for Extension of time. According to the judge, the Case is a new Case.
He explained that the Indictment was drawn up on September 5, 2024 by the Grand Jury of Montserrado County, Republic of Liberia, sitting in its August Term, A. D. 2024.
“The Court is poised to have the Case docketed for the November Term of Court, A.D.2024; in the absence of the Motion to Advance the said Case on the Docket for the August Term of Court, A. D. 2024,” he emphasized, adding: “The filing of such motion is late and moot. The November Term of Court, A. D. 2024 shall commence on November 11, 2024. In conclusion, the Clerk of Court is hereby ordered to have the said Case docketed for the November Term of Court, A. D. 2024.
Therefore, Dixon said, “the Court is indisposed to hear the said Exceptions and its adjuncts. The Court shall commence the said hearing on November 12, 2024.”
Tweah trial date to October 9.He instead scheduled the trial to begin in November.
Although Judge Dixon may genuinely intend to give Tweah a fair trial — and may believe that he can do so — his public statements unavoidably taint these proceedings, regardless of outcome.”
Dixon said, the Indictment against Tweah and four other co-defendants was drawn up on September 5, 2024 by the Grand Jury of Montserrado County, Republic of Liberia, sitting in its August Term, A. D. 2024.
“The Court is poised to have the Case docketed for the November Term of Court, A.D.2024; in the absence of the Motion to Advance the said Case on the Docket for the August Term of Court, A. D. 2024,” he emphasized, adding: “The filing of such motion is late and moot. The November Term of Court, A. D. 2024 shall commence on November 11, 2024. In conclusion, the Clerk of Court is hereby ordered to have the said Case docketed for the November Term of Court, A. D. 2024.”
The former Finance Minister has denied all wrongdoing and denounced the charges as “a persecution of a political opponent.” Judge sets start date of November 12.
