Monrovia – In a surprise move Thursday, September 26, Judge Blamo Dixon announced that he was stepping aside from further hearing the alleged missing L$16 billion case involving five Central Bank officials, who are facing charges of economic sabotage, money laundering, criminal conspiracy and facilitation.
The exact reason for Judge Dixon’s decision to recuse himself from the case, which he has presided over for the last three weeks was not revealed. However, he told parties to the case Thursday that he was doing so for reason best known to himself.
“I am constrained to recuse myself from the cause of action for reasons best known to me or myself without prejudice to the state, it is hereby so ordered,” stated Judge Dixon.
Judge Dixon further stated that during the current August 2019 Term of Court, while on his way to Grand Kru County, he was recalled by the Chief Justice Francis Korkpor to preside over the Criminal Court “C” at the Temple of Justice and that the reason for his recall was due to financial constraint to sustain him in that county.
Giving reason for presiding over the Criminal Court “C” at the Temple of Justice, he stated further that let it be known to all parties that only the Chief Justice of the land is vested with the power to assign judges on a rotational basis.
Judge Dixon’s late recusal from the case comes at the time when the defense team was ready to cross examine the prosecution’s first witness, Baba Borkai, an investigator from the Liberia Anti-Corruption Commission (LACC) who said in his general testimony that he was member of the Presidential Investigation Team (PIT) set up by President George Manneh Weah after public outcries to investigate the alleged missing L$16 billion printed by Crane Currency AB of Sweden and brought into the country.
Though all the five defendants have pleaded not guilty to the charges, but the LACC investigator had linked them to printing an excess of L$2,645,000,000 out of the L$16 billion printed by Crane Currency and that was discovered during the course of the PIT investigation.
Borkai ended his testimony at the court with a power-point presentation showing analysis of how the PIT conducted its investigation to derive at the alleged excess money printed by the defendants.
Judge Dixon’s decision to recuse himself from the case did not go down well with the prosecution team which has expressed dis-appointment over the decision after putting the first witness on the stand followed by the presentation of 44 pieces of evidence, which were confirmed and accepted by Judge Dixon.
Expressing his disappointment immediately after Judge Dixon’s announcement, prosecution hired lawyer Cllr. Arthur Johnson took exception to his decision and stated that the prosecution will take advantage of the law as it relates to the recusal of a judge from a case.
“To which decision of honor, prosecution excepts and gives notice to that it will take advantage of the law and the statutes controlling,” added Johnson while Defense counsel Cllr. Johnny Momoh only an took exception.
Outside the courtroom, Cllr. Johnson told FrontPageAfrica that the prosecution is not taking lightly the judge’s decision to recuse himself from the case because under the laws there are reasons why a judge should recuse himself or herself from a case.
Though Cllr. Johnson did not indicate why a Judge should recuse himself but under the law a judge could recuse himself from a case when that judge had heard the case and made determination previously but it is not clear whether Judge Dixon had previously hear the case.
When this newspaper contacted Solicitor General Syrenius Cephas, he replied that it was a sad day for the prosecution.
“The court operates under another branch of government; they can decide on their own what to do but the decision of the Judge today to recuse himself is a sad day for the prosecution,” said Solicitor General Cephas.
Members of the defense team declined speaking to this newspaper.
Judge Dixon, who was both a judge and jury defacto, had recused himself from the Central Bank case after the court had entered its 30-day sitting on Thursday barely 12 days to the end of the 42-day sitting of the court as required by law.
His latest ruling prior to his departure from the case was to accept the prosecution’s evidence which the defense counsel had objected to on allegation that they were not aware of those evidence, however judge Dixon claimed he could not deny the prosecution evidence in question because he is a judge and jury who was clothed with the authority to study the evidence and make determination in the case.
Some legal practitioners, who spoke to FrontPageAfrica on the basis of anonymity, claimed that the recusal of Judge Dixon from the case is a legal blow to the prosecution, which being keenly watched by Liberians.
“The Judge is out, the case is suspended until it is re-assigned under a new Judge. This requires time because this term is nearly completed,” one of the legal practitioners speaking on the basis of anonymity, added.
The five Central Bank executives, who have gone on trial are former Governor Milton Weeks, Deputy Governor for Operations Charles Sirleaf, Director of Finance Department Dorbor Hagba, Director For Operations Richard Walker and Deputy Director Internal Audit Joseph Dennis.
Deputy Director for Operations of the Central Bank Charles Sirleaf is the son of former President Ellen Johnson Sirleaf.