Monrovia – The trial of the former Managing Director of the National Port Authority (NPA), Matilda Parker, is yet to re-convene barely three months after it was momentarily halted due to allegations of jury tampering by the prosecution.
Former NPA Managing Director and Comptroller Christina Paelay were indicted by the state in the latter part of 2015 on three counts of economic sabotage, theft of property, criminal facilitation and conspiracy.
The prosecution said the indictment of the pair grew out of a reported bogus contract signed to dredge the Greenville Port in Sinoe County and provide security consultancy but government said the contract never existed, causing the country to lose over US$800,000, a claim the defendants have denied.
The two defendants went on trial formally in January 2016 after winning a legal battle over the prosecution when the court overturned the decision of the prosecution to challenge a US$1.2m insurance bond as being minute when the court claimed that the law forbids excessive bail.
However, midway into the trial in February 2016, it was cut off by the court and an investigation was launched into an allegation of jury tampering by the presiding Judge Blamo Dixon when the prosecution allegedly intercepted a letter addressed to three of the sequestrated jurors, something they claimed amounted to tampering.
Court balliffs Bendu Dukuly, Roland Nyankun, and Deputy Jury Manager Peter Fayiah and head cook Janet Kamara were implicated.
Following the investigation, the court reached a decision where the two ballifs, Dukuly and Nyankum were ordered to pay a US$100 each as fine into government revenue for acts unbecoming as a court officer.
Also in the court’s decision was the removal of three of the jurors named in the investigation who were ordered to be replaced.
But the decision of the court to replace the jurors to continue the trial was objected by the prosecution who later filed a writ of certiorari to the Supreme Court, challenging the decision of Judge Blamo Dixon.
The Supreme Court Justice In-Chambers, Jamesetta Howard-Wolokolie ruled and disbanded the entire jury, thereby joining the case and instituting a committee to investigate allegations of jury tampering; though the outcome of that investigation is yet to be made public by the Judiciary.
However, on Tuesday May 3, 2016, Associate Justice-In –Chambers, Jamessetta Howard-Wolokollie ruled that the presiding Judge of the Criminal Court “C” Blamo Dixon erred when he disbanded few of the jurors in the case and left the rest to continue.
“Wherefore and in view of the foregoing, it is the ruling of this court that the lower court resumes jurisdiction in this case,” said Associate Justice Wolokollie.
The ruling of the Associate Justice, which was accepted by the prosecution, was met with an exception by the defense counsels of the two former NPA officials.
“Your honors, respondent excepts to the ruling and announce an appeal to the full bench of the Supreme Court.” The request was granted by Justice Wolokollie.
An appeal process has 60 days to meet all formalities.
Kennedy L. Yangian [email protected]