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Several opposition political parties have described the legal trial of former House Speaker Cllr. Jonathan Fonati Koffa and three others were implicated in the Capitol Building arson case as a litigation marred by troubling events, while alarming over witness tampering and other judicial malpractice and police misconduct.
By Lincoln G. Peters
The opposition political parties, including the former ruling Coalition for Democratic Change, Alternative National Congress, and newly formed Citizen Movement for Change, in a joint press statement, called for a special prosecutor to investigate alleged police misconduct in the Capitol Building fire incident.
“However, the investigation has been marred by troubling events that, if proper care is not taken, could lead to the conviction of innocent persons, a grave miscarriage of justice.
We are concerned and wish to bring to the attention of the Liberian public and our international partners issues of grave concern regarding the investigation and arrest of certain lawmakers and other Liberian citizens on account of the fire at the Capitol, which was initially declared arson and which the police have been investigating as such. Based on the facts and in accordance with the law set forth below, we request the appointment of a special prosecutor to investigate and, where necessary, prosecute proven instances of witness tampering by certain members of the Liberian security forces,” the parties wrote.
Meanwhile, providing instances, the opposition parties in their joint statement were alarmed and accused the government of allegedly tampering with defendant Thomas Etheridge.
According to them, on January 9, 2025, Thomas Etheridge was taken voluntarily to the Liberian National Police for questioning in the presence of his lawyer, as required by the Constitution of the of Liberia, but the police, in keeping with the law, decided to detain him for additional questioning, consequently, his lawyer left him in police custody.
However, the parties bemoaned that Mr. Etheridge informed them that he was taken to the headquarters of the National Security Agency at White Plains at about 8:00 pm and was subjected to several forms of torture and coercion over several days.
“He was told to implicate his boss, the former Speaker, and was given a prepared statement to sign indicating as much. He refused and was later handed back to the police after several days at the NSA headquarters, and he was subsequently charged with arson,” they alleged.
Similarly, the parties further indicated that defendants Andrew Lawson and Albert Weah were arrested by the anti-robbery Unit of the Liberian National Police on January 4, 2025, and transferred to the National Security Agency headquarters for eight days following their arrest. Both men reported that they were tortured.
“Section 12.40 of the Penal Code makes it a crime for anyone to tamper with a witness by offering bribes or other forms of inducement to get a witness to change his testimony. Section 12.41 makes it a crime to tamper with information, hinder an investigation, or attempt to deceive. The facts as alleged by the persons named herein create a presumption that must be investigated, lest we risk tainting our entire judicial system and undermining our democracy.” They disclosed.
Speaking on the issue of disparate statements, the political parties said that they are also compelled to raise concerns regarding discriminatory enforcement.
“All five lawmakers were charged under the same writ with identical offenses, yet the treatment meted out to them varied based on perceived political affiliation: four opposition lawmakers were detained at the Central Police Station under oppressive conditions, while the lone lawmaker affiliated with the Rescue Alliance was released on personal recognizance.
This unequal treatment raises serious questions about political bias within the Liberia National Police. Furthermore, Article 21(i) of the 1986 Constitution of Liberia provides that: “All accused persons shall be bailable upon their recognizance or by sufficient sureties, depending on the gravity of the crime and the probability of the accused appearing for trial, except for capital offenses or offenses punishable by life imprisonment.’” They concluded.
