Defense Cross-Examination

Shakes LACC

The US$6 million joint security funds trial took a dramatic and potentially defining turn in Criminal Court ‘C’ on Monday, April 6. The drama spread-out when lead defense counsel Arthur Tampa Johnson, mounted a forceful and highly methodical cross-examination.

The questions exposed troubling contradictions in the testimony of the prosecution’s star witness, Baba Borkai of the Liberia Anti-Corruption Commission (LACC).

Recent reporting from the ongoing trial similarly pointed to growing scrutiny over the witness’s credibility and the prosecution’s handling of evidence.

Courtroom observers described the exchange as a critical turning point, with the defense laying bare glaring inconsistencies between the LACC’s final investigative report, the witness’s sworn testimony, and official statements submitted by the defendants

At the center of the intense legal clash was testimony concerning former Acting Justice Minister Nylanti Tuan. While on the witness stand, Borkai said, Tuan had informed investigators he would later provide receipts to account for the controversial US$6 million reportedly disbursed to joint security agencies.

However, under relentless questioning from Cllr. Johnson, Borkai was unable to identify any part of the official court records or investigative exhibits supporting that claim.

On that, the defense counsel read directly from Tuan’s sworn statement submitted to the same investigators, which reportedly contained no reference whatsoever to any promise to provide receipts.

The contradiction immediately cast fresh doubt on the prosecution witness’s reliability.

When pressed further on whether another statement existed outside the evidence before the court, Borkai failed to provide a clear answer, instead resorting to “vague and evasive explanations.”

The uncertainty prompted Cllr. Johnson to deliver a pointed question that captured the defense’s central argument.

“Mr. Witness, you have now given this court three different versions of events none of which align. Despite objections from state prosecutors, the court allowed the question to stand.

The witness’s response that the jury should consider all three conflicting accounts appeared to reinforce the defense’s assertion that the case may be burdened by “factual inconsistencies.”