The Supreme Court of Liberia has intervened in the ongoing economic sabotage case involving former Finance Minister Samuel Tweah, ordering Judge Blamo Dixon of Criminal Court ‘C’ to recuse himself over concerns of bias. Chamber Justice Yarmie Quiqui Gbeisay issued the directive, citing prejudicial remarks by the judge that, according to the prosecution, undermined the integrity of the trial.
The controversy stems from remarks made by Judge Dixon while presiding over a dispute about the validity of an US$8 million bond secured by Tweah to avoid detention. In his December 20, 2024 ruling, Judge Dixon questioned: “The court wonders whether or not the detention of only co-defendant Samuel D. Tweah, Jr., at the Monrovia Central Prison Compound will help to establish the case of the prosecution against the defendants.” The government lawyers argued that this statement, among others, revealed a lack of impartiality and suggested the judge was compromised.
Justice Gbeisay, in his ruling, stated that the Supreme Court found Judge Dixon’s conduct and comments inappropriate, especially in a case that has drawn significant public attention. “The Supreme Court is appalled by such statements of the trial judge,” Gbeisay said. He criticized Dixon’s remark, questioning why a judge would make such a statement in a sensitive case, adding that it was prejudicial to the prosecution’s interests.
Gbeisay emphasized the legal principle that judges must not only be impartial but must also appear to be impartial. “The purpose of an objection to a bond is not to jail the accused but to correct such defects so that the bond will be legally sufficient and meet the standards set by the statute,” he explained, noting that the prosecution was simply exercising its right to question the bond’s validity.
He further stressed that judicial neutrality is paramount, stating, “Our law requires that all parties must enjoy the neutrality of a judge. This mandate requires that the judge confine himself as much as possible to his own responsibilities and leave to counsel and members of the jury their respective functions.”
In rejecting the government’s initial motion for recusal, Judge Dixon argued that the prosecution failed to present valid legal grounds for his removal. He claimed that under Liberian law, recusal is warranted only in cases of demonstrable conflict of interest, proven blood relations, or other statutory reasons established by the Supreme Court. However, the Supreme Court disagreed, with Justice Gbeisay asserting that a judge’s perceived bias, whether real or implied, is sufficient grounds for recusal.
“If a judge, by his actions and words, has caused a party in a case before him to believe that he is biased and prejudiced in the matter, and the party reasonably believes they will not get a fair trial, the judge, for the sake of transparency and justice, should recuse himself,” Gbeisay said. He added, “Judges must be free from any improper influence such as pressure by individual litigants or other undue influence.”
Justice Gbeisay used the ruling to underscore the broader principle of judicial integrity. “It is of great importance that courts should be free from reproach, as the judiciary should enjoy an elevated rank in the estimation of mankind,” he said. “A judge is expected to apply and interpret the law in a neutral way, and that must be seen from his general conduct, deportment, and behavior in and out of court.”
The Supreme Court ultimately granted the government’s petition for a writ of certiorari, leading to Dixon’s removal from the case. The decision reinforced the principle that a trial must not only be fair but must also be perceived as fair by all parties involved. Gbeisay concluded by reminding all judges that their words and actions must not create even the appearance of bias or partiality, as this erodes public confidence in the judiciary.
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This development follows a heated legal battle in which government lawyers accused Judge Dixon of bias and questioned the validity of legal documents filed by Tweah’s defense team. The prosecution argued that one of Tweah’s lawyers was not licensed to practice in Liberia, rendering earlier filings invalid. These allegations further complicated the already contentious case.
The removal of Judge Dixon marks a significant step in a trial closely watched by the public, as it involves high-profile allegations of economic sabotage. The Supreme Court’s decision underscores its commitment to ensuring a fair judicial process, free from any taint of bias or impropriety.
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Source link : https://allafrica.com/stories/202501270308.html
Author : editor@liberianobserver.com (Liberian Observer)
Publish date : 2025-01-27 10:23:27
