–Says Trial By Jury Is Constitutional
Mr. Chief Justice,
The fundamental right to trial by jury is constitutionally instructive, as provided in the closing lines of Article 20 (a) of the 1986 Constitution of Liberia that “the parties SHALL have the RIGHT to TRIAL BY JURY”.
To “dissolve” or do away with this fundamental right guaranteed by the constitution will not require simply a “legislative action”; it will require a national referendum.
Besides, Mr. Chief Justice, your reason for suggesting “dissolution” of the fundamental right to “trial by jury” does not, in my view, present a strong case to even justify or warrant a referendum for said purpose.
By suggesting that “jury-tampering” hurts the intent and purpose for “trial by jury”, for which you are seeking “dissolution” thereof, is simply exposing the weakness of our justice system and failure of the judiciary to decisively punish alleged doers of the act to serve as deterrent.
We cannot simply seek to undo laws because of our failure to summon the courage to implement and enforce the laws. It is like deciding to burn an entire house down because a rat is annoyingly disturbing, instead of finding means to catch the rat and save the entire house.
Hence, I fundamentally disagree with your suggestion to “dissolve” the fundamental right to “trial by jury”, as guaranteed by the 1986 Constitution.
