Liberia: Witness Tampering Allegation Emerges in Kemayah Trial

Monrovia – A troubling confrontation outside the courtroom has opened a new front in the criminal trial, with defense lawyer Gbawou Kowou accusing the Asset Recovery and Property Retrieval Taskforce AREPT of intimidating or improperly engaging defense witnesses after they testified. The drama unfolded as former Foreign Minister Dee-Maxwell Saah Kemayah insisted on the witness stand that he “did not steal one grain” of the Saudi-donated rice. AREPT has categorically denied the allegation, saying the witnesses were not summoned for questioning, were not interviewed, and were immediately asked to leave its premises after agency lawyers discovered that they had recently appeared in court as subpoenaed defense witnesses. The dispute, coming as prosecutors prepare to present rebuttal witnesses in the Saudi rice case, has raised a question over the treatment of witnesses in an ongoing criminal proceeding, and whether witnesses who have already testified for the defense can be approached or brought to a prosecutorial agency without their lawyers being informed, and concern over where legitimate investigation ends and improper interference begins. The answer, both sides now said, should come from the court. AREPT, in a statement signed by its Public Relations Officer, Joseph F. Daniels, said the incident resulted from a misunderstanding rather than an attempt to interfere with testimony. According to the task force, a potential witness who had previously provided a statement during the investigation was asked to appear at its office along with other persons familiar with the Saudi rice matter. The agency said the potential witness arrived with two individuals whom he identified as persons knowledgeable about the matter. AREPT said its lawyers did not initially know that the two individuals had recently appeared before Criminal Court “C” as defense witnesses. “Upon recognizing them, AREPT lawyers immediately asked the two individuals to leave the premises,” the statement said. The agency stressed that the witnesses “were not invited by AREPT, were not interviewed, and no statement was taken from them.” AREPT therefore rejected the accusation that its lawyers threatened, intimidated or attempted to influence the witnesses. The agency challenged the defense to take the allegation before the trial judge. “If defense counsel has evidence of witness tampering or intimidation, that evidence should be presented to the court, where such allegations can be properly addressed,” AREPT said. But Kowou is not backing away. The defense lawyer has characterized the circumstances surrounding the witnesses’ presence at the AREPT compound as serious, particularly because the individuals had already testified on behalf of the accused. Kowou said the witnesses included members of the Group of 77 and members of the community of persons living with disabilities who had appeared before Criminal Court “C” as defense witnesses. According to the lawyer, the witnesses told him they had been pressured or threatened to report to AREPT following their appearance in court. Kowou subsequently went to the taskforce’s headquarters in Paynesville, where he livestreamed the confrontation and demanded access to the compound. “I’m live at AREPT. Witnesses who testified on our behalf yesterday were brought here and threatened,” Kowou said during the broadcast. At another point, he accused officials of locking the facility’s gate. “They have locked the gate. The witnesses are in there,” he said. “If the witnesses are not there, open the gate.” The confrontation eventually drew the attention of Liberia National Police officers, with Kowou continuing to insist that the matter involved possible interference with witnesses in an ongoing criminal proceeding. He was later allowed into the compound and subsequently taken to a police station following the confrontation. Kowou later said AREPT officials characterized the incident as a misunderstanding. But the defense lawyer maintaine