Montserrado County Senator Abraham Darius Dillon has disagreed with Chief Justice Yamie Quiqui Gbeisay Sr.’s call to consider abolishing Liberia’s trial jury system, saying the failure to punish those who interfere with juries should not be used as a reason to remove a constitutional right.
Chief Justice Gbeisay made the call during the opening of the October Term of the Supreme Court of Liberia, citing cases of alleged jury tampering across the country.
He specifically referred to an investigation conducted by Criminal Court “C” Judge Ousman F. Feika into the case involving former Finance Minister Samuel D. Tweah and others. According to the Chief Justice, the investigation established gross jury tampering after the defendants were acquitted.
Gbeisay also cited reported cases of jury interference in Nimba, Grand Gedeh, Bomi and Margibi counties, warning that the practice threatens the credibility of the justice system.
“A corrupt jury is worse than no jury at all,” the Chief Justice said, calling on the public, the Legislature, the Liberian National Bar Association and the Law Reform Commission to consider abolishing trial by jury.
But Senator Dillon believes the problem should be addressed by holding those responsible accountable, rather than taking away the right to trial by jury.
In a direct response to the Chief Justice, Dillon argued that the right is protected by the 1986 Constitution and cannot simply be removed through an ordinary legislative decision.
“The fundamental right to triial by jury is constitutionally instructive, as provided in the closing lines of Article 20 (a) of the 1986 Constitution of Liberia,” Dillon wrote.
He further argued that abolishing the system would require a national referendum.
Dillon said the Chief Justice’s argument points to a failure to enforce the law against those accused of interfering with jury proceedings.
“By suggesting that ‘jury-tampering’ hurts the intent and purpose for ‘trial by jury’, for which you are seeking ‘dissolution’ thereof, is simply exposing the weakness of our justice system and failure of the judiciary to decisively punish alleged doers of the act to serve as deterrent,” the senator stated.
He said Liberia should not abandon a constitutional right simply because the authorities have failed to enforce the law.
“We cannot simply seek to undo laws because of our failure to summon the courage to implement and enforce the laws,” Dillon wrote.
The senator made it clear that he disagrees with the Chief Justice’s proposal.
“Hence, I disagree with your suggestion to ‘dissolve’ the fundamental right to trial by jury guaranteed by the 1986 Constitution,” he added.
The disagreement comes as concerns grow over reports of jury tampering and the possible impact on criminal trials in Liberia.
While Chief Justice Gbeisay believes the jury system should be reconsidered because of reported interference, Dillon says the focus should be on enforcing the law and punishing those found guilty of tampering with juries.
The debate has placed the future of jury trials under fresh public scrutiny, raising questions about how Liberia can protect the rights of accused persons while ensuring that juries carry out their duties without interference.
