Characters in this story:
Jason Doe——-Criminal defense counselor who was willing to hear the case
Janet Love—Cllr. Doe’s private secretary
Sam Dennis—-Private Detective
Clarisa Jay—-one of several women recently returned from Lebanon and seeking justice
Helen Joe—-Another woman also seeking justice
Criminal lawyer Jason Doe could understand the need for justice when he saw one and the case he had heard and previously read about the local dailies and its conclusion in Tubmanburg, Bomi County, intrigued him. His interest has risen after one of the victims, Clarisa Jay, sought his help to get justice.
Counselor Doe knew that an accused could not be tried twice on the same charges after he is acquitted from the case and from all indications the case about the Lebanese businessman who reportedly ‘misled’ more than ten Liberian young women with the good things of life, took them to Beirut, Lebanon only to turn them into house-helps and the case thrown out, is one.
After he held an hour’s conference with Ms. Clarisa Jay, he chose to make a presentation at the Supreme Court and seek some accommodation.
As a disciple of the law, Jason Doe knew he must defend justice and if the law, after a lengthy trial concluded that an accused was not guilty of the crime, then of course he is not guilty. However, he also knew that the law could be blind since he was convinced of Ms. Clarisa Jay and her friends’ emotional suffering when they were encouraged to travel to Lebanon for hope that was never there.
Though he told Ms. Claisa Jay the law seemed to have ganged out against her and her friends, he assured her that he would fight for her, a promise that elicited a smile on her sad face that she could not help but made some comments about the lawyer’s growing reputation.
“Your love for justice is remarkable, Mr. Doe,” Clarisa Jay said, smiling, despite her pain.
The lawyer’s smile was radiant, as he nodded his head, saying, “I’m convinced that though a man cannot be tried twice on the same crime, there is much circumstantial evidence to work in your interest and to give you a sense of closure.”
The young woman could not help but extend her right hand to that of the lawyer’s and pumped it vigorously. And she was full of smiles when she left the lawyer’s office.
Three days afterwards, Jason Doe sat in a conference with Judge Joshua Dunbar. Also presence were Mr. Isaac Debone, the Lebanese businessman who was exonerated from his role in the case, Ms. Clarisa Jay, Private Detective Sam Dennis, Ms. Helen Joe and a lawyer, Willie Guy, who was representing Mr. Debone. The occasion was possible because of the insistence of Counselor Doe and Judge Dunbar had agreed to make an experiment of the case.
Judge Dunbar said to the gathering, “It would seem an unusual meeting here after the particular case in question is done with and I want to make it clear that this gathering does not suggest any attempt to go against the principle of the case since it was concluded.
“It is however instructive to take note that when another human being claims she or he is abused on a venture that had had a positive intent from the beginning, as this case suggested to me, then we have the right to do proper investigation and be able to say I’m sorry.”
Judge Dunbar’s statement was supported by Counselor Doe who also stated that the Liberian society lack many advantages that it is too easy for anyone with an amount of cash and connections to get the most vulnerable part of the society to make compromises that would shock those who are strangers to the things that are done in Liberia.
“I share Judge Dunbar’s position that when a situation is about human dignity and those who were hurt made it clear to the rest of society; it is then incumbent on all of us to ensure that we recall the part of our humanity that makes us all one human family.
“Hence we must have the decency to admit what we may have done that did not turn out as expected and hurt the dignity of others.”
Private Detective Sam Dennis said after years of investigating events that affect human beings, particularly as they relate to those who believe that the bread is always buttered in the next house, available evidence speaks clearly of the truthfulness of Ms. Clarisa Jay and her
friends’ claim of inhuman treatment in Lebanon.
Dennis lifting his huge frame from the swivel chair, moved about as he made his points, drumming the message home that the young Liberian women whose future hung in a balance in a strange land, where there were not way out of their predicaments, deserved every sympathy.
He concluded his statement and regarded Mr. Debone, who lowered his head to avoid that of the detective. Observing it, Councilor Doe made an attempt to speak but Judge Dunbar raised his right hand to calm him down and said, “I have examined the entire case involving the young Liberian girls and as a father I am ashamed that the Liberian judicial system failed to take into account the fact that these women had no reason to lie or make such wanton allegations against anyone.”
After the judge’s statement, Ms. Helen Joe, dressed in a fitting pair of jeans trousers, and matched with a blue blouse that opened in the front, pulled her attachment away from her face and with a grin, lifted herself from her chair.
As if she had rehearsed it, she pulled her back closer to her side, and turned swiftly to face Mr. Debone. Four standing fans located various locations in the large office of Judge Dunbar hummed and echoes of vehicles filled the room from a distance.
When she was permitted to speak, Ms. Joe said, “I want to say from the outset that Mr. Debone cannot look at us and say what we are saying is not true.
“Coming from a poor family I jumped on the claim of a better life outside Liberia and we know that Lebanon is one of the countries in the Middle East that could provide educational and working opportunities for anyone who is ambitious.
“How did I come up with what I just said,” she said, and swept her away across the room, “it was Mr. Debone who told me and my friends about that country.”
Jason Doe’s eyes stared at the young woman, as she continued, “It is true that coming different cultures it is true that being business people they are well to do in many aspects than most of our people.
“So when Mr. Debone came up with a suggestion for us to travel to Lebanon to prepare for a better future that we could not get in our country, we thought it was a good idea to run for it. All we wanted were opportunities to be able to get ourselves prepared for the job market and also to educate ourselves so that afterwards we would return home and contribute to our country and our family.”
Judge Dunbar listened with his hands folded in front of him. Jason Doe’s face registered a sense of concern and it was clear there was much going on in his mind. He kept folding his hands as if he was about to pounce on somebody who had forced him to put up a defense, since the first law of nature is self-preservation.
He imagined the agony and expectation of the young woman, and countless others like her in the Liberian society, whose parents could not afford to get them to realize their dreams. In his mind’s eye he could see those who seemed to be in advantageous positions making entreaties that suggest hope for such vulnerable group and concluding with the same results that Ms. Joe and others went through. It was then that he heard the distant voice of Ms. Joe, with regret under it, “when we got to Beirut, we were instead carried to live with people that we later realized we had to work for to earn our bread.”
Jason Doe suddenly cut in with a question, “Ms. Joe from the reports and even from sources the issue of being used as a sex slave was not fully established and I’m wondering if you can give us an idea of that experience.”
The young woman’s smile was radiant when she said, “In all fairness we were treated like we were not human beings but the issue of using sex as a weapon against us was subtly done.
“For example, if one of us refuses to do what a madam suggests, the madam will call the boss that took the person to that madam and on your way to the area that was engaged to house us, the driver would stop the car on the highway and threatened you with knife for you to succumb to his desire to rape you,” she explained, and pulled a handkerchief from her black bag to mop her face.
“How often did that happen?”
“It happened to several of the girls but not to everyone.”
“Did you have any way of reporting to someone about such a treatment?” the lawyer said.
“There was no one we could turn to,” Ms. Joe said. The lawyer grimaced and began to drum his fingers on the shoulder of the chair he was sitting on, his face hard and his heart throbbing. Then Judge Dunbar’s voice echoed from his seat.
“Gentlemen and ladies,” he said, “this is an unusual case and it is regrettable that the issue of double jeopardy has come in, making it difficult for the case to be resurrected.
“It seems that we are stuck and our hands are tied on the issue of double jeopardy but let me deliberate more on this subject so that our young ladies can understand the situation as it is right now.
“In general, in countries observing the rule of double jeopardy, a person cannot be tried twice for the same crime based on the same conduct,” he said, as the two women and the group listened in rapt attention. “If a person robs a bank, that individual cannot twice be tried for robbery for the same offense. Nor can one be tried for two different crimes based upon the same conduct unless the two crimes are defined so as to prohibit conduct of significantly different kinds.”
Judge Dunbar said as a result “one cannot be tried for both murder and manslaughter for the same killing but can be tried for both murder and robbery if the murder arose out of the robbery.
“The defense of double jeopardy also prevents the state from retrying a person for the same crime after he has been acquitted as it is in this case or can the state voluntarily dismiss a case after trial has begun in order to start over.”
Broadening the issue, Judge Dunbar said in the United States law, “jeopardy does not attach until the jury is sworn in a jury trial or until the first witness is sworn in a bench trial. Actions before jeopardy attaches will not bar a subsequent prosecution.”
Detective Sam Dennis then asked, “What if a judge dismisses a prosecution at a preliminary hearing for lack of evidence?”
Judge Dunbar hesitated and then said, “That determination to dismiss does not bar the government from initiating new charges for the same offense, since jeopardy will not have attached at that point which is not in this case. Also under U.S. law, conviction or acquittal in one state or nation does not always bar trial for the same criminal act in another.”
He consoled the women and said perhaps the injustice in the case could give Liberian lawyers a chance to be wary about a similar situation in the future. The meeting ended with Jason Doe saying he would seek another avenue to get justice for his client.