MONROVIA – Former Acting Justice Minister and Solicitor General Nyanti Tuan and former National Security Advisor Jefferson S. Karmoh have formally petitioned Criminal Court “C” for a new trial following their convictions in the controversial Joint Security funds case.
The motion, filed during the February Term of Court before Judge Ousman F. Feikai at the First Judicial Circuit in Monrovia, argues that the jury’s verdict was unsupported by credible evidence and legally inconsistent with the acquittal of other key defendants accused in the same alleged conspiracy.
Karmoh was convicted on charges of criminal conspiracy and criminal facilitation, while Tuan was found guilty of theft of property, criminal conspiracy, and criminal facilitation.
However, former Finance and Development Planning Minister Samuel D. Tweah and former Financial Intelligence Agency Comptroller D. Moses P. Cooper were acquitted of all charges by the same jury.
Defense lawyers argue that those acquittals significantly undermine the prosecution’s theory that the accused officials collectively participated in an organized scheme to unlawfully disburse and misuse public funds allocated for national security operations.
According to court filings, prosecutors alleged that Karmoh initiated the arrangement through a July 5, 2023 communication involving the Financial Intelligence Agency, while Tuan later issued a September 5, 2023 letter directing that Joint Security funds be processed through the FIA.
Prosecutors further alleged that former Minister Tweah authorized the transfer of the funds, while other officials managed the withdrawal process.
However, lawyers representing Tuan and Karmoh contend that the jury’s decision to acquit officials allegedly responsible for authorizing and disbursing the funds leaves no legal basis for sustaining convictions against their clients.
The defense also argues that prosecutors failed to produce direct evidence showing that either Tuan or Karmoh personally received, controlled, converted, or benefited from any of the disputed public funds.
According to the motion, no financial records, withdrawal slips, property acquisitions, or evidence of personal enrichment were introduced during trial to establish criminal intent or unlawful gain.
Attorneys for the defendants further maintain that the disputed transactions constituted legitimate national security expenditures connected to the conduct of Liberia’s 2023 Presidential and Legislative Elections.
They argue that the transactions were executed under the lawful authority of the Ministry of Finance and Development Planning and the National Security Council pursuant to the Public Financial Management Law and the National Security Reform and Intelligence Act of 2011.
The motion additionally criticizes the investigation conducted by the Liberia Anti-Corruption Commission, alleging that investigators failed to establish credible evidence of conspiracy or prove any direct communication, agreement, or unlawful coordination among the accused officials.
Defense lawyers also challenged the trial court’s instructions to the jury, arguing that jurors were improperly guided toward a lower evidentiary threshold resembling a “preponderance of evidence” standard rather than the constitutionally required burden of proof beyond a reasonable doubt.
Among the reliefs requested, the defendants are asking the court to overturn the guilty verdicts, declare the convictions contrary to law and evidence, and grant a new trial “in the interest of fairness and substantial justice.”
The matter is expected to return before Criminal Court “C” in the coming days for arguments on the motion.
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