PHOTO: Cllr Francis Jayweh and the Temple of Justice, seat of Liberia’s Judiciary
By Frederick A.B. Jayweh
Counselor-At-Law & International Affairs Director
Center for Law & Human Rights, Inc.
Jury tampering is a grave criminal offense under Liberia’s Penal Code and Criminal Procedure Law. Under Liberian Law, it is defined as any improper attempt to influence the vote, decision, or deliberations of a grand jury or trial jury outside the ordinary judicial process. Such conduct is intended to secure a guilty or not guilty verdict favorable to the accused or to certain co-defendants facing prosecution by the State.
In the present case, the Republic of Liberia indicted, arrested, and prosecuted Mr. Samuel D. Tweh, former Minister of Finance and Development Planning, Cllr. Nyanti Tuan, former Acting Minister of Justice; Mr. Jefferson Karmoh, former Security Advisor to President George M. Weah; Mr. Moses Cooper, former Comptroller; and Mr. Ford. Mr. Tweh and his fellow co-defendants were arrested, indicted, charged, and prosecuted for economic sabotage, theft of property, misapplication of entrusted property, and money laundering.
Jury tampering is a serious criminal offense that occurs when a person bribes a grand juror or petit juror to improperly influence the juror’s vote or decision and secure a verdict favorable to the accused. Any person who gives money or anything of value for that purpose commits a first-degree felony. Under Section 12.50 of the Liberian Penal Code, both the person offering the bribe and the jurors receiving it are criminally liable and may be arrested, indicted, and prosecuted for obstruction of justice and bribery.
Under Liberian law, any person who offers a bribe or anything of value to influence a juror’s verdict is guilty of jury tampering, and both the giver and the recipient of the bribe are criminally liable for that offense. Attorneys and Counsellor who allegedly participate in such conduct may also face professional discipline, including suspension of their licenses and disbarment from the practice of law in Liberia. No Liberian is above the law.
Anyone found guilty of jury tampering in Samuel D. Tweh and others case, could and should be indicted, arrested, charged, and prosecuted under:
- 12.50. Bribery.
- Offense.A person has committed bribery, a second-degree felony if he knowingly offers, gives or agrees to give to another, or solicits, accepts, or agrees to accept from another, a thing of value as consideration for:
(a) The recipient’s official action as a public servant; or
(b) The recipient’s violation of a known duty as a public servant.
- Defense precluding.It is no defense to a prosecution under this section that a recipient was not qualified to act in the desired way whether because he had not yet assumed office, or lack jurisdiction, or for any other reason.
- Prima facie case.A prima facie case is established under this section upon proof that the thing of value was offered, given, or agreed to be given, or solicited, accepted or agreed to be accepted, as consideration for the recipient’s official action or violation of a known legal duty as a public servant if:
(a) The consideration was a thing of pecuniary value; and
(b) The actor knew that he was offered, given, or agreed to be given by, or solicited, accepted from a person having an interest in an imminent or pending
(i) investigation, arrest, or judicial or administrative proceeding, or
(ii) bid, contract, claim or application, and that interest could be affected by the recipient’s performance or non-performance of his official action or violation of his known legal duty as a public servant.
- 10.4. Criminal conspiracy.
- Offense.A person is guilty of conspiracy to commit a crime if, with the purpose of promoting or facilitating its commission, he agrees with one or more persons to engage in or cause the performance of conduct which constitutes the crime, and any one or more of such persons does an act to effect the object of the conspiracy.
- Scope of conspiratorial relationship.If a person knows that one with whom he agrees has agreed or will agree with another to affect the same objective, he shall be deemed to have agreed with the other, whether he knows the other’s identity.
- Conspiracy with multiple criminal objectives. If a person conspires to commit a number of crimes, he is guilty of only one conspiracy so long as such multiple crimes are the object of the same agreement or continuous conspiratorial relationship.
- Duration of conspiracy.A conspiracy shall be deemed to continue until the crime which is its object is committed or the agreement that it is committed is abandoned by the defendant and by those with whom he conspired. A conspiracy shall be deemed to have been abandoned if no overt act to affect its objectives has been committed by any conspirator during the applicable period of limitations. If an individual abandons the agreement, the conspiracy is terminated only when he timely advises those with whom he has agreed of his abandonment or by timely informing a law enforcement officer of the existence of the conspiracy.
- Defense.It is an affirmative defense to a prosecution under this section that, if the criminal object were achieved, the defendant would not be guilty under the statute defining the offense or as an accomplice under section 3.1.
- Defense precluded.It is no defense to a prosecution under this section that the person with whom such person is alleged to have conspired has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense, is immune from prosecution, or for some other reason cannot be brought to justice.
Professional Consequences for Attorneys/Counsellors
In the United States, from which Liberia historically drew much of its legal tradition, an attorney found guilty of jury tampering may face consequences beyond criminal punishment. Because jury tampering is a felony involving dishonesty, it can warrant disbarment in any jurisdiction. Even lesser misconduct, such as failing to report a client’s jury-tampering scheme, may result in suspension, disbarment, or other professional discipline.
In Liberia Attorneys/Counsellors-At-Law investigated and found guilty of jury tampering could be indicted, arrested, and charged with the crime of Bribery, a violation of § 12.50, and Criminal Conspiracy, a violation of § 10.4§ 10.4, Penal Law – Title 26 – Liberian Code of Laws Revised, published 1978. In addition to being indicted, charged, arrested, and prosecuted, an attorney/counsellor could be disbarred, if found guilty of jury tampering.
The Authority of Court to Investigate
When jury tampering is alleged during or after trial, Criminal Court “C” has authority under Liberian law and practice to investigate the allegation. If the misconduct is discovered after a conviction, the convicted defendant(s) may move Criminal Court “C” for a new trial. If it is discovered after an acquittal and the jury has been discharged, the court may still summon the attorneys, defendants, court officers, and other relevant persons to investigate the complaint. The court, however, may not order a new trial after an acquittal because double jeopardy as a matter of law is attached and therefore bars retrial.
Notwithstanding this legal protection, the Republic of Liberia, has the authority to indict, arrest, and prosecute any person (s) found to have engaged in jury tampering charging them with the crimes of Bribery and Criminal Conspiracy, a violation of § 12.50 and § 10.4 of the Penal Law, Title 26, Liberian Code of Laws Revised, Published in 1978.
Jury tampering undermines the impartiality of the trial process and must not go unpunished in Liberia. Those found guilty should be held accountable under our law.
Frederick A.B. Jayweh
Counselor-At-Law & International Affairs Director
Center for Law & Human Rights, Inc.
2851 S Parker Road, Suite 842
Aurora, CO 80014
cllr.jayweh@center4law.org
Website: www.center4law.org
Mobile Ph: 720-731-7994