By Lincoln G. Peters
Temple of Justice, Monrovia, March 31, 2026: Lawyers representing former Finance and Development Planning Minister Samuel D. Tweah, Jr. and colleagues in the most publicized corruption trial have expressed anger over the admissibility of photocopy evidence by the court in the trial.
On Monday, March 30, 2026, during the trial, the courtroom witnessed a standoff as the presiding judge at Criminal Court “C,” Ousman Feika, admitted photocopied checks into evidence presented by the prosecution in the ongoing corruption case.
The admissibility of the photocopied documents has intensified scrutiny over the strength and fairness of the state’s case.
In a heated exchange, prosecutors sought to admit photocopies of disputed checks into evidence, despite failing to meet a key legal requirement under the best evidence rule.
Defense counsel Cllr. Arthur Johnson, in a forceful objection, argued that the state had not established that the original checks issued for the disbursement of funds to the FIA were lost, destroyed, or otherwise unavailable, a foundational step required before secondary evidence can be considered.
“The law is clear: you can’t rely on photocopies when you have not proven the absence of originals. That is not a technicality; it is a safeguard against unreliable evidence,” Cllr. Johnson argued.
Judge Ousman Feika allowed extended oral arguments before retreating for a one-hour recess to consider his ruling.
When court resumed, Judge Feika overruled the defense’s objection and admitted the photocopied checks into evidence.
In his ruling, the judge adopted a pragmatic stance, asserting that procedural errors should not prevent the prosecution from presenting its case unless those errors are shown to be materially prejudicial to the defendants.
“The burden on the state is higher and enormous, and such a burden should not be undone by procedural lapses that the defense cannot demonstrate as harmful,” he stated.
Judge Feika further stated that the defense had failed to establish “concrete prejudice” arising from the prosecution’s inability to prove the unavailability of the original checks. Without such a showing, he said, the court was compelled to allow the copies.
The trial is expected to continue tomorrow, Tuesday, March 31, 2026, at 10:00 usual time.
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