Monrovia – In a case involving defendant Abraham Benjamin and Christina Mamtu Singbah over an alleged US$100,000 and a marital dispute, Judge Blamo Dixon of Criminal Court ‘A’ granted the defendant’s lawyer’s application and disqualified the Jurors’ Foreman.
By Victoria G. Wesseh
Judge Dixon stated that the Jurors’ Foreman, Joseph Steward, is hereby excluded from the panel with immediate effect and will be compensated for the time served. He also ordered Steward to leave the court’s jurisdiction.
The Judge explained that during the questioning of the defense’s third witness, Emmanuel Paytoe Baipue, by the jury, after the other jurors had asked their questions, the Foreman, as usual, was the last to question the witness due to his status.
However, the Judge noted that after asking four questions, the Foreman’s final question was, “Mr. Witness, as a Christian, do you remember Exodus 20:16, that thou shall not bear false witness? Mr. Witness, are you bearing false witness?”
At this point, Judge Dixon disallowed the question, stating that a juror should not ask such a question. He referenced a similar incident in the case of Matilda Parker, the former Managing Director of the National Port Authority, where the Foreman’s line of questioning led to the Prosecution requesting his disqualification, resulting in the end of that case.
“It is interesting to note that the jurors in the Parker case were sequestered and living in the jury quarters of the Judicial Complex,” Judge Dixon noted.
He emphasized that an investigation conducted by the court revealed that the Foreman in the Parker case was the son of the jurors’ chef cook, creating a serious conflict of interest.
Defendant Benjamin’s lawyer, Bestman D. Juah, requested the court to disqualify Foreman Steward.
Cllr. Juah argued that under our laws, a juror is required to listen to the facts and evidence presented at trial to make an unbiased, impartial, and transparent determination based on the evidence provided by both the prosecution and the defense.
He further stated that a jury is not a cheering squad for either party before the court, and in questioning the witness, the Foreman desecrated the office and function of the jury, whose duty is to dispense justice fairly and transparently.
Cllr. Juah emphasized that it is not the Foreman’s role to determine whether a specific witness is telling the truth or bearing false witness.
He pointed out that Steward, in questioning defendant witness Baipue, quoted biblical scripture from Exodus 20:19, questioning whether the witness had come to bear false witness.
Cllr. Juah argued that Steward had disqualified himself from serving as Foreman of the jury by demonstrating bias.
He prayed that Foreman Steward be disqualified from the jury panel, as he consistently demonstrated bias against the defense’s third witness.
In response, the Prosecution stated that the submissions made by defendant Benjamin’s lawyer needed to be verified by reading the court minutes to ascertain whether the Foreman had shown bias during the trial.
The Prosecution stated that they were not immediately able to resist the submissions, especially concerning facts presented without evidential proof, but rather as assumptions.
The Prosecution requested a continuance to enable them to read the entire minutes and review the line of questioning by the Foreman, who is accused of bias.
