and there by become influenced as it is required in regular trial in our courts.
More than that, the individual senators here who are also jurors not only go
home every day and discuss matters pertaining to this impeachment
proceedings, but some of them have even gone on the airwaves and discussed
the case. Had this been a regular trial, such jurors will not be permitted to
serve on the panel.
Moreover, we take a look around and see that a good number of the Senators
are not even here as their verdict is being brought. This means that the rules
pertaining to regular jury trial in court are much more relaxed in this
proceedings”.
146.
The above position of the Court of Impeachment reveals palpable
infractions of the Amended Rule 63 particularly Section 11 thereof which
states as follows:
Except otherwise provided in these Rules and the Constitution, the trial
of any impeachment shall be conducted in keeping with the provisions
of the Criminal Procedure Law and the practice generally obtained in
felony cases before trial courts in Liberia”.
147.
In the case of TAXQUET V. BELGIUM 926/05
(MERITS
AND
JUST
SATISFACTION)
|
|
JUDGMENT
COURT
(GRAND
CHAMBER) | 16/11/2010, the grand chamber considering the margin of
appreciation of mode of trial permissible in the conduct of judicial systems
held that:
60