Friday, January 11, 2013

Update On 27 Detained Grand Gedeans

Oforie Diah-Grand Gedean
There are some good news coming out of Monrovia concerning the detained 27 Grand Gedeans. Cllr. Dempster Brown, the lawyer the Concerned Grand Gedeans contacted to represent the detainees, has filed a Motion for Advancement at the Criminal Court "A".

A motion for advancement is filed to advance or bring up the case on the court's docket. A docket usually has many cases lined up for trial. Most judges would go by first come first serve. But if the a case is graver than another, the judge may agree to advance that case before another.

For example, a murder case could be advanced before an aggravated assault. It does not mean the other case is not important. So, the reason for the motion is for the case of the 27 to be heard in the February Term of the Criminal Assize Court A.D 2013.

If the motion is approved by the judge, the case may commence by next week or the next. And that means the case will be on trial for at most 45 days, the time required for a criminal trial. In rare cases, the trial goes beyond that 45 days.

If the case begins in one or two weeks, lawyers of the party litigants will select the 15 impaneled petite jurors (usually 12 will decide and 3 are alternate in case one of 12 juror falls sick or drops off). Cllr. Brown and I talked sometimes ago and he said the case would be a jury trial. He will have to request for jury trial the first day of court sitting, when legal issues are being disposed.

That means, the decision to convict the 27 Grand Gedeans will be in the hands of 12 jurors--12 Liberians, who must all agree that the defendants are guilty. If one person disagrees, the case will go retrial. A retrial is not as bad but it means prolonged detention for the guys.

On the other hand, all the jurors must also agree to acquit them. If one person disagrees the case goes into retrial as well. And that is what the government would be fighting for. That is if the government realizes that it has no case against the defendants, it will seek to make at least one juror disagree so that the case will go to retrial and then those guys will have to remain in jail. Let's hope justice is done either the men and guilty and the law punish them or they are innocent and the law grant them their freedom.

Clarification: So far, only nine people have lawyers. We contacted Cllr. Brown for the first seven then added Oforie and Bobby. Luckily for us, Oforie Family hired the services of Cllr. Arthur Johnson. However, Arthur has been there for everyone. We thank the lawyers for their time and commitment.

Things to know: The government of Liberia pays each juror $15 Liberian Dollar per day. within 45 days each juror earns $1,125 Liberian Dollar. If you convert that to US Dollar, that means each juror will earn US$15.63 (Exchange rate: 72LD to 1USD). With this amount for someone sitting on a case for 45 days, you don't go home, nobody is allowed to talk to you, the temptation to take bribe from prosecution is very high. But there are record to show that responsible jurors have decided fairly before and we think responsible jurors can still do now.

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