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The Burden of Proof, An Indispensability
Sep 4, 2007
Varfley A. Dolleh
Introduction:
Under criminal law, the burden of proof lies with the accuser, which must be proven beyond all reasonable doubt in order to find an accused culpable in a competent court of jurisdiction, with the ongoing treason trial involving General Charles Julu and Former Speaker George Koukou being of no exception. In the wake of the new twist from the Government most tangible “State Witness” public opinion is now questioning the plausibility of the entire alleged coupe amidst the Dorbor’s bombshell. While we refuse to take side under ethical considerations, but the unfolding development from the criminal court put one in a state of precariousness while awaiting litigation of the alleged treasonable crime.
Elements of Concerns:
Mindful of false past concoctions by successive administrations in Liberia, people became skeptical the moment it was announced that the “old fragile and incapacitated General Charles Julu” would have indulged in subversive activities along with “disillusioned and poverty stricken George Koukou”. Apart, people were mindful of the fact that one of the whistle blowers has an insatiable mind when it comes to money and political acceptability. Moreover, he has never been short of controversies since he came to prominence though the NPFL as Defense Spokes person. As privilege information, I am told by a close friend with in the inner circle of the NPFL that Mr. Thomas Wowenyou once followed the wife or girl friend of Mr. Koukou. As a result, there has been this blood feud between the both of them. On the other hand, skeptics are concerned about his strive to make his relationship with the present President. Whether these assertions are truth is some one guess.
The Flazanminton Fiasco:
Although young in high School, I can vividly remember the scenario that led to the unceremonious and mysterious death of this trained soldier of the soil. M.M.J. Flanzanminton was a very dark and tall fellow with muscular physique that would intimidate any one who didn’t know him. I recall an interaction with my senior brother Varmah Dolleh now in Boston, USA, when he tried to cross the street on Lynch Street, Monrovia, just after the 1990 Coupe, when out of a sudden the American built Military truck driven by this Commander of the Executive Mansion Guard Battalion emerged almost hitting my brother. Although he was reckless, he immediately stopped his truck with the fifty-caliber machine gun mounted and gave my brother twenty-five lashes. It was such a brutal act, but we couldn’t do any thing, only to pray that God would punish him.
Barely a year or two, Monrovians were awake by the news of an attack on a Mitsubishi Jeep driven by the late Samuel Doe that came under fire with a “fifty-caliber machine gun with the bullet ridden vehicle on displayed at the Executive Mansion for public viewing. This was intended to authenticate the President version that he survived an attempted assassination, with only one of his senior bodyguards injured and rushed to Germany for advance medical attention. Amidst the confusion and the refusal of the public to digest the explanation of the Government, this fearsome colleagues and one of the masterminds of the plot was told to appear on television to explain how politicians had concocted along with him to kill the President. But being unlettered and not mindful about the repercussion, he went on National Television hoping to give a convincing statement to that effect, but miserably failed, seriously embarrassing Samuel Doe. He was the main State Witness like in the case of Colonel Dorbor. In the wake of the public out- cry and being mindful of the need to maintain the Government creditability, he was made the sacrificial limb through slaughtering behind the Executive Mansion, in Monrovia. This finally closed this chapter leading to clemency to many of the accused. Many of those accused political activists are presently in Monrovia in the present dispensation. Again, I say this so that we will all be mindful and conscious in the wake of the litigation process. Let the rule of law prevailed.
Dorbor’s U-Turn:
The prosecution team at the trial will have to double their efforts in the wake of the sudden change of mind of the main state witness of the Government. According to Dorbor, it was a sheer machination on the part of Government to have him implicated in the alleged subversive activities. He maintains further, that he had gone to the Ivory Coast in search of his daughter when he was apprehended by Government and Ivorian agents and placed under solitary confinement. Later, he was made to sign a document under duress leading to the implication of over 31 persons whose telephone numbers were given to him. Whether or not he is telling the truth is yet to be proven. But one thing is certain; he has greatly embarrassed the prosecution. As it appears now the defense team of the accused are more or like celebrating for the new development. This is exactly what any criminal lawyer who want to see at the commencement of a criminal trial. It was a blow to the prosecution and a semi victory for the defense. We are cautiously watching the next phase of this celebrity trial.
Infusing Objectivity:
Despite your blind dislike for the accused, despite of their tribal, religious, and political affiliations don’t matter in the wake of this trial. What matters is, in ensuring that there is judicial equity for every Liberian in the eyes of the law with out favor. On the other hand this Government has the legal, moral and sacred responsibility to ensure that the political sovereignty of the Country is protected and any thing that will destabilize it is up-rooted. So let us allow the legal system to operate freely in the wake of this great indifference.
As usual, we want to hear your thoughts. —Varfley1@yahoo.com or Varfley A. Dolleh Morrisville, PA USA
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