Liberia Court C: Kemayah New Trial Ruling Set, Sentencing Possible

• Judge Ousman F. Feika is scheduled to rule on former Foreign Minister Dee-Maxwell Saah Kemayah's motion for a new trial in Criminal Court 'C' on Friday.
• Sentencing for Kemayah and other convicted parties is possible if the new trial request is denied.
• The case involves the alleged diversion of 25,054 bags of Saudi-donated rice, valued at approximately US$425,918, intended for vulnerable Liberians.
• A jury previously returned a split verdict, convicting Kemayah on multiple counts but failing to reach a unanimous decision on charges of theft of property and criminal conspiracy.
• The defense must prove the verdict rests on legally recognized grounds under Liberia's Criminal Procedure Law to win a new trial, not just express dissatisfaction.

To secure a new trial, the defense must demonstrate to Judge Feika that the verdict rests on legally recognized grounds for relief under the Liberia Criminal Procedure Law; mere dissatisfaction with the jury's decision is insufficient.

A pivotal decision is anticipated this Friday in Liberia's Criminal Court 'C', where Judge Ousman F. Feika is slated to issue a ruling concerning former Foreign Minister Dee-Maxwell Saah Kemayah. The court will address Kemayah's motion for a new trial in what has become widely known as the "Liberia Saudi rice case." Should the court reject this request, the proceedings could immediately advance to sentencing for the involved parties.

The court's clerk formally issued a notice of assignment on Wednesday, instructing all parties to appear at 1 p.m. on Friday. This notice explicitly indicates that the session will encompass both the ruling on the new trial motion and the court's "final ruling and sentencing" for those implicated. This development marks a critical juncture following a lengthy trial that concluded with a split jury verdict.

At the heart of the legal proceedings is the alleged diversion of a significant humanitarian donation: 29,412 bags of 25-kilogram rice. This aid was provided in April 2023 by Saudi Arabia's King Salman Humanitarian Aid and Relief Center, specifically designated for vulnerable Liberians and disaster victims. Prosecutors contend that 25,054 of these bags, with an estimated value of US$425,918, were improperly redirected or misappropriated.

The alleged diversion occurred as the rice moved through various government entities, including the Foreign Ministry, the National Disaster Management Agency, and the General Services Agency. As the foreign minister at the time, Dee-Maxwell Saah Kemayah played a central role in facilitating the initial donation, making him a key figure in the prosecution's case. Throughout the trial, the defendants consistently argued that the decisions surrounding the rice distribution were administrative and institutional arrangements, not criminal acts. Former Internal Affairs Minister Varney A. Sirleaf, for instance, disputed claims that Kemayah had directed the transfer of rice from the disaster agency to the General Services Agency.

The trial, which spanned approximately 40 days, culminated in a split verdict delivered by the 12-member jury on October 9. While some former officials from the George Weah administration were convicted, others were acquitted. Kemayah himself was found guilty on multiple counts; however, the jury failed to reach a unanimous decision on two specific charges against him: theft of property and criminal conspiracy. It is important to note that a hung count does not equate to an an acquittal, leaving open the possibility for the state to either retry or dismiss these unresolved charges.

The movants, including Kemayah, former Internal Affairs Minister Varney A. Sirleaf, Thelma Sawyer, former General Services Agency Deputy Director for Operations Edris Bility, and Momolu Johnson, along with a second group comprising Augustine Kollie, Archievego M. Doe, Edwards Konneh, and Rosetta L. Gbassay Gbowah, contend that the jury's verdicts were inconsistent with the evidence presented. To secure a new trial, the defense must demonstrate to Judge Feika that the verdict rests on legally recognized grounds for relief under the Liberia Criminal Procedure Law; mere dissatisfaction with the jury's decision is insufficient. The Republic of Liberia, represented by the Ministry of Justice and the Liberia Asset Recovery Taskforce, stands as the respondent, with the prosecution expected to vigorously oppose the motion.

The upcoming Criminal Court C Feika ruling carries significant weight for all parties involved. If Judge Feika grants the motion for a new trial, the affected proceedings would be reopened, limited to the scope of his order. Crucially, such a decision would not constitute an acquittal for the defendants. Conversely, should the motion be denied, the court would then proceed to judgment and the Dee-Maxwell Saah Kemayah sentencing, along with other convicted parties.

Regardless of Judge Feika's decision, the defendants retain their constitutional right to appeal to the Supreme Court. Following the initial verdict, Cllr. Edwin K. Martin, chairman of the Liberia Asset Recovery Taskforce, publicly affirmed the state's readiness to prevail against any appeals at the Supreme Court. This high-profile case, involving allegations of diverted international aid, continues to draw attention, with its outcome potentially setting important precedents for future corruption prosecutions and asset recovery efforts in Liberia.

Lawyers and compliance officers should monitor the outcome of former Minister Kemayah's new trial motion and potential sentencing, as this high-profile case involving diverted international aid could establish significant precedents for corruption prosecutions and asset recovery efforts under Liberian law. The court's decision will clarify the standards for overturning jury verdicts and the state's resolve in pursuing accountability for public officials.

Source: Original reporting via Liberian Investigator.