Jury service critical to Liberia’s advancement.
Jury service critical to Liberia’s advancement…CJ Korkpor
In fulfillment of the New Jury Law of Liberia, backed by the Liberian Constitution, hundreds of Liberians have undergone orientation for jury service during the February 2019 Term of court in Montserrado County.
Article 20 (A) of the Liberian Constitution states in part “…and in all cases not arising in courts not of record, under courts martial and upon impeachment, the parties shall have the right to trial by jury.”
The orientation program, organized by the Jury Management Office of the Judiciary, took place Friday February 1, 2019 at the Temple of Justice in Monrovia.
Prospective jurors are no longer requested from the municipalities like before, but randomly selected from the databases of government ministries and agencies, civil society organizations, corporate institutions and the roster of eligible voters.
Simply put, their (jurors) key role is to assist the Judiciary make decisions on matters brought before the courts, in support of citizens’ participation in the Judiciary-a key pillar of the Open Government Partnership initiative or OGP.
Chief Justice Korkpor told the prospective jurors that the only way Liberia will advance is if they took up the challenge and courage to make fair and impartial decisions if they were selected to serve.
In a brief statement, the Chief Justice warned the prospective jurors against making unfair and partial decisions because the consequences of such judgments will not be blamed on jurors but rather on the Judiciary.
“You come here, those of you who will be selected. You will sit on maybe a criminal case or on a civil case. Your action or inaction will have far reaching effect. If you look at the facts like this, and say because somebody has influenced you, so you will not say the truth, then you have done wrong.”
Even though Chief Justice Korkpor acknowledged the imperfection of the Judiciary in the administration of justice, he added that jurors worsen the situation if they make the wrong decisions based on external influences.
He urged them to be people of courage, character and independence in their actions as a way of avoiding the temptation of being tempered with by lawyers and party litigants.
Delivering the keynote address on the theme “Questioning Witnesses by Jurors” Cllr. N. Oswald Tweh said Liberia has a history where jurors take notes during trials and ask questions, a trend that is now being globally accepted.
Cllr. Tweh, who is the Managing Partner of the Pierre, Tweh and Associates, Incorporated law firm, noted that jury questions during trials bring about clarity and understanding of the testimonies of witnesses as well as jurors’ engagement with the trials.
According to Cllr. Tweh, jury questions sometimes expose the leanings and biases of a particular juror or jurors hearing a case.
The learned lawyer advised the prospective jurors to ask questions that will clarify a witness’s testimony, bring out the truth, and help them understand the case individually.
He cautioned the prospective jurors to be impartial, independent and unassisted by persons not part of their panel as they help the courts decide the fate of party litigants.
“Through participating in the jury system, you are playing a direct role in the implementation of justice in Liberia,” Cllr. Tweh concluded.
Also making a brief remark at the ceremony was the Country Director of the American BAR Association, ABA, Liberia Office, Dr. Michelle T. Washington.
Dr. Washington said the role of jurors is so important in United States of America and Liberia that only judges can overturn their decisions. There are few instances in which a jury’s verdict can be set aside, and one of such instances is when the evidence adduced at the trial does not support or is grossly contrary to the verdict of the jury.
Dr. Washington told the prospective jurors to remember that their position is so important and asked them to take up the courage to make decisions that may not be popular but independent.
