Africa-Press – Liberia. Mr. Alexander B. Cummings, the political leader of the Alternative National Congress (ANC) who is on trial for forgery – altering a CPP Framework document – is now accusing those prosecuting him of criminally tampering with the evidence that could prove his innocence.
Cummings was dragged to court by the All Liberia Party, a constituent party of the Collaborating Political Parties (CPP) of which Cummings’ ANC, the former governing Unity Party and the Liberty Party (LP) were all members of. The aim of the CPP’s formation was for these four opposition political parties to work collaboratively for the removal of the CDC-led government. Ironically, the Weah-led government is now prosecuting a key member of the CPP and the rest of his colleagues are the government’s witnesses.
The state is prosecuting Cummings and two of his party’s executives for forgery and criminal conspiracy on behalf of the ALP which is led by businessman Benoni Urey. They stand accused of altering the CPP Framework Document which is supposed to guide their activities as a collaborative body. Cummings has repeatedly maintained his innocence and further alleged that Mr. Urey is being used by Weah’s government to destroy the CPP and ultimately the chance to make him (Weah) a one-term President. The government refuted his allegation.
The crux of their allegation is that Mr. Cummings who served as the CPP chairman at the time the final framework document was consummated did not share copies with them, instead, altered several sections and forged their signatures on the altered document and submitted same to the National Elections Commission as required by law.
To prove his allegation against Cummings, the State produced several pieces of evidence including chats from the National Advisory Committee of the CPP. Initially, while the prosecutors had listed the ‘original’ CPP Framework Document as one of the evidence to be produced, the prosecution succeeded in getting the court to compel Mr. Cummings to produce the document on their behalf. Mr. Cummings had argued that there was no original Framework Document as the only document available was the final document presented to the National Elections Commission.
He explained that the first CPP Framework Document signed individually via Zoom on May 19, 2020 came under heavy criticism due to some alienating clauses. This necessitated its review and amendment. In a press conference held by Cummings’ lawyers in February on the subpoena of the ‘original framework document of May 19, 2020’, they stated:
“The only May 19, 2020 document we know of was signed symbolically via Zoom with each signing party in a separate location. This document was never actually, physically signed by the parties because before efforts could be advanced to get the wet ink signatures of all the political leaders and chairpersons of all the constituent parties on this document, there emerged irresistible public backlash about the content of the document as evidenced by the attached copy of a May 24, 2020 Frontpageafricaonline publication captioned “Liberia: Controversial Jobs’ Clause Greets Cummings’ Ascendancy as head of Opposition Alliance,” the lawyers indicated.”
They added that the reviewed, revised and amended document was handed to the CPP by the lawyers and was presented to the CPP leaders and relevant officers of all the parties on June 23, 2020.
Suppressing Evidence?
Cummings lawyers’ cross-examination of the chat from the NAC chatroom presented to the Court discovered that several text within the WhatsApp chat which could have clearly proven that Mr. Cummings shared the Final Copy of the Document and indicated to them that Mr. Mo Ali would collect the signatures for the submission of the document were omitted.
While the chat presented by the prosecution runs from July 2 to July 19, 2020, it was observed that chats from July 7 to July 9 were deleted from the copy submitted to the Court as evidence.
FPA has been digging into the chatroom of the National Advisory Council of the CPP, and can independently confirm that the chain of communication with respect to reviewing, acquiring signatures, submissions and notarizations of consenting parties’ resolutions, and sharing of the Final Framework Agreement to all the parties prior to the filing with the National Elections Commissions on July 14, were omitted from “P/6 & 13’’ by the Prosecution before presenting the said documents in court for Theodore Momo to testify, identify and confirm.
[7/2/20, 7:42:55 PM] Joseph N. Boakai: From which party?
[7/2/20, 7:54:59 PM] Theodore Momo, Jr.: ALP, Sir!
[7/7/20, 1:53:40 PM] You added Hon Joseph Papa Kolleh
[7/7/20, 2:04:57 PM] A: Colleagues, I hope this meets all of you
well and safe. A quick update since our last zoom call: We have received resolutions on the FA from all Parties with only one remaining to be notarized. We have a commitment
that it will be done today. We (through Mo Ali) will be coming to each of the PLs for your signature on the final FA. With that and the resolutions, we will be filing for the CPP
certification tomorrow with the NEC. The first meeting of the VPS / Senatorial selection committee is scheduled for 2pm today. They will be charged with
expeditiously finalizing the candidate selection process. As you recall, 8 counties were agreed and they will finalize the remaining 7 by using the processes outlined in the FA – VPS,
Primaries, etc. I will share with you their recommendations, but please be assured we will push them to move with urgency. Please revert with any comments or suggestions. Thanks!!!
[7/7/20, 2:08:23 PM] Steve Zargo: Noted and thank you so much [7/7/20, 2:17:27 PM] Theodore Momo, Jr.: The National Chairpersons should be signing the FA as well?
[7/7/20, 2:20:50 PM] A: Yes, I believe they should. We will try
to coordinate all the signatures so we can file tomorrow. [7/7/20, 2:23:24 PM] You added Madame Belle Roberts [7/7/20, 3:58:20 PM] Musa Hassan Bility: Thank you very much
Mr. Chairman [7/7/20, 4:00:22 PM] Nyonblee Karnga-Lawrence: Thanks d [7/7/20, 5:23:12 PM] Rep Hanson Kiazolu: Thanks Mr. Chairman. [7/7/20, 7:41:33 PM] Hon Joseph Papa Kolleh: Thanks Mr.
Chairman [7/8/20, 2:45:11 AM] Larry Younquoi: Kudos to you, Mr. Chairman. [7/9/20, 1:27:20 PM| A: FINAL CP FRAMEWORK DOCUMENT.pdf • 26 pages [7/9/20. 1:28:18 PM A: For vour information and record. The final copy of the CPP FA. [7/9/20, 2:02:40 PM] Theodore Momo, Jr.: Thanks!
[7/9/20, 3:30:33 PM] Victoria Toro Koiquah: Thank you Chairman Cummings for sharing. Good afternoon family, hope you are doing fine and keeping safe. [7/9/20, 3:31:03 PM] Rep Hanson Kiazolu: Yeah
[7/10/20, 3:14:44 AM] Larry Younquoi: Thanks for sharing, Mr.
PL. [7/13/20, 4:46:40 PM] A: CP Secretariat Committee Listing – Draft 20200708-without names.dox • 1 page [7/13/20, 4:53:08 PM] A: Colleagues, I’ve forwarded Committee reconmenuatons rontte ottretariat and approved
Cyrenius Cephus “Misconduct”
The ANC lawyers have filed a complaint before Judge Jomah Jallah pointing out what they believe is an intentional omission to circumvent the facts and truth in the case.
“The intentional omission of any piece of evidence that speaks to the innocence of the accused amounts to misconduct on the part of the prosecution. In all criminal matters, the State / Prosecution is duty bound or has a legal obligation to submit to the accused all the species of evidence the State has in its possession related to the allegations, and this includes evidence of inculpatory and exculpatory nature,” the stated.
They referenced Rule 7 of the Rules of Moral and Ethical Conduct governing the behavior of lawyers in Liberia, which forbids lawyers from suppressing and secreting information and evidence capable of proving the innocence of a defendant.
“The ANC says, Cephus and team’s conduct is grossly unethical and criminally unprofessional.”
Rule 7 states: “The primary duty of the lawyer engaged in public prosecution is not to convict, but to see that justice is done. The suppression of facts or the secreting of witnesses capable of establishing the innocence of the accused is highly reprehensible and utterly unprofessional.”
Cllr. Ibrahim Sillah explained to FrontPageAfrica that the Defense’s claim of “evidence suppression” which was discovered while cross examining the Prosecution’s first witness and lead complainant, Theodore Momo, is not that the “documents testified to, identified and confirmed by the prosecution’s witness, and marked by the court” are not also from the same Chatroom of the National Advisory Council (NAC) of the CPP, but that the Prosecution intentionally omitted some pages from court’s marked exhibits “P/6” and “P/13”.
He said, that the omitted pages contained impeachable pieces of evidence favorable to the Defendants and that could be used to impeach the credibility of the prosecution’s witnesses. Cllr. Sillah furthered that “P/6’’ and “P/13’’ were among the documents presented to the Defense by the Prosecution, in keeping with the orders of the court at Discovery.
He indicated that the Defense was shocked to observe that the Prosecution intentionally omitted the pages containing these impeachable WhatsApp Text Messages before presenting the documents in court for Theodore Momo to testify to, identify and confirm them on direct examination.
“In some cases”, according to Sillah, “entire conversations have been omitted in the same chain of conversations, when all of the evidence, of both exculpatory (favorable to the accused) and inculpatory (favorable to the prosecution) in the possession of the prosecution should have been presented.”
Continuing, the Lead Defense Lawyer said, “the Prosecution should not have removed or deleted those conversations from the chain of conversations after it presented “P/6 & P13’’ to the Defense on the orders of the court.”
Adding: “The effect of the intentional omission of those material conversations is that the Defense cannot cross examine or ask Theodore Momo any question related to the omitted conversations because they are not in the said “P/6 & P13’’ testified to, identified and confirmed by Theodore Momo.
According to Cllr. Sillah, “the extracted pieces of evidence would lead any reasonable mind, or impartial investigative body, to the conclusion that the defendants have been falsely accused, the charges against them are trumped-up, and the ongoing prosecution is motivated by lies, deception and a political conspiracy against Cummings and the other accused persons.”
The Lead Defense Lawyer concluded that this is “contrary to the practice of criminal law in our country where at Discovery, the Prosecution is not permitted to withhold, suppress or extract evidence they know, or have reasons to know, do not support their charges, and or operate to prove the innocence of the accused or mitigate the sentence.”
Magistrate Jomah Jallah has ordered an investigation into the defense’s claim. No timeframe has been given for the investigation. FPA also found that CPP Chairman Cummings kept his colleagues consistently informed beginning with the review by the Legal Advisors of the Framework Agreement, and including reporting progress on the registration of the CPP. He was variously commended for his works during that period.
Cephus Response
Cllr. Cephus in his team’s defense vehemently denied tampering with evidence and described the allegation by defense team as “shameful and very unfortunate”. According to him, allegation is a “slander by men of limited vision and courage”. He stated that Cllr. Ibrahim Sillah who leads Cummings’ defense has no evidence to counter what the prosecution has produced in court.
According to Cllr. Cephus, the object and purpose of a discovery at trial dictates that the prosecution presents to the defense all pieces of evidence relies upon that form the basis for charging or indicting a criminal defendant, and which may be used or introduced at trial.
He said, materiality and relevance of that document can only be determined by a jury and in this case it’s the judge presiding. That’s the law Cummings lawyers love unnecessary publicity.
