By Benjamin Q. Z. Johnson
Monrovia-The question remains whether the Liberian government is flatfooted to proceed with the trial of former vice President Jewel Howard Taylor who is yet to be indicted 42 days after she appeared before Criminal Court “C” in connection with serious allegations of money laundering, criminal facilitation and conspiracy and many others related to drug trafficking.
As normal legal procedures would demand, the Montserrado County Grand Jury has yet to publicly return an indictment against her, raising questions about why the delay on the part of the government in meeting such consequential legal requirement.
Taylor, who has denied the allegations against her, remains under the jurisdiction of Criminal Court “C,” after Judge Ousman F. Feika granted her lawyers’ request for medical compassionate treatment after concerns were raised about her health while she was detained at the Monrovia Central Prison.
The former Vice President was initially arrested in August of this year and charged by the Government through the Ministry of Justice and the Liberia National Police. She was subsequently detained at the Monrovia Central Prison before her legal team filed a motion seeking relief based on her reported medical condition.
Judge Feika later granted the motion, allowing Taylor to receive medical treatment under specified conditions while imposing restrictions on her movement, including restrictions involving her travel documents.
But with more than six weeks having passed, a critical question continues to hang over the prosecution as to why has the Government not yet secured an indictment from the Montserrado County Grand Jury.
The absence of a reported indictment after 42 days has intensified scrutiny of the Government’s prosecution strategy, though the passage of 42 days does not, by itself, automatically require dismissal of the case.
Liberia’s Criminal Procedure Law provides a broader framework governing the timely prosecution of criminal cases. Section 18.2 addresses the period within which felony prosecutions should proceed and ties the indictment requirement to the applicable term of court, rather than establishing an absolute 30-day deadline for every criminal case.
Legal experts say that distinction is important, whether the Government has complied with the law must be assessed based on the applicable court term, the procedural status of the case and whether the State can demonstrate legally recognized reasons for any delay.
Still, the continuing absence of an indictment raises legitimate questions about the pace and preparedness of the prosecution.
Under Liberia’s criminal justice system, an indictment is not issued by the police or by a judge merely because an individual has been arrested and charged. It says the prosecution must present evidence before an empaneled Grand Jury, which determines whether sufficient grounds exist to indict an accused person for the alleged felony offenses.
But the Taylor case presents a straightforward question for the Ministry of Justice whether the Government already presented its evidence to the Montserrado County Grand Jury, or is the prosecution still preparing its case.
It is expected the Government may face increasing demands to explain the delay, particularly given the seriousness of the allegations and Taylor’s status as a former Vice President of Liberia, if the case has not yet been presented.
According to legal experts, Taylor’s release from the Monrovia Central Prison for medical treatment does not mean that the criminal proceedings against her have ended.
They argued that the court’s decision was reportedly based on her health condition and the motion filed by her lawyers. She remains subject to the conditions imposed by Criminal Court “C,” including restrictions concerning her movement and travel.
This means that the Government remains entitled to pursue the criminal proceedings, subject to the Constitution, the Criminal Procedure Law and applicable orders of the court.
The longer the Government proceeds without obtaining an indictment, the greater the possibility that Taylor’s lawyers could challenge the continued prosecution or seek additional judicial relief, one lawyer said.
Depending on the circumstances, the defense could raise issues involving speedy prosecution, due process and unreasonable or prolonged detention, or pursue other remedies available under Liberian law.
The prosecution, however, could maintain that the applicable statutory requirements have not been violated, particularly if the relevant term of court has not expired or if legally recognized reasons exist for the delay.
The central issue, therefore, is not simply that 42 days have passed. The more important question is whether the Government has complied with the specific legal and procedural requirements governing felony prosecutions.
The Taylor case has attracted significant public attention because of the former Vice President’s political prominence and the seriousness of the allegations against her.
That attention places an added responsibility on the Ministry of Justice to demonstrate that the case is being handled strictly in accordance with the law and without political considerations.
If prosecutors have sufficient evidence to support an indictment, critics argue that the Government should move promptly before the appropriate Grand Jury.
If the evidence is still being reviewed or prepared, the public may reasonably ask why the process has taken more than six weeks.
And if the prosecution ultimately fails to secure an indictment within the legally applicable period, Taylor’s defense could seek appropriate relief from the court.
For now, the central question remains: After 42 days, when will the Montserrado County Grand Jury determine whether there is sufficient evidence to indict former Vice President Jewel Howard Taylor?
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