Court clerk arrest marks judicial progress

NANGARHAR PROVINCE, AFGHANISTAN

09.14.2011

Courtesy Story

Provincial Reconstruction Team Nangarhar

By: 1st Lt. Jeff M. Nagan
Nangarhar Provincial Reconstruction Team Public Affair

NANGARHAR PROVINCE, Afghanistan – Perhaps one of the first court officials to face corruption charges in Nangarhar, since the fall of the Taliban in 2001, was arraigned and found guilty during a public trial Sept. 12 in the newly renovated Jalalabad central courtroom.

A clerk from the Laghman Public Security Appellate Court, which hears primarily terrorism-related cases, was found guilty of accepting bribes and was convicted for two years and six months, said Shane Kelbley, rule of law senior advisor, Nangarhar Provincial Reconstruction Team.

“Today’s trial was a huge improvement over previous trials, featuring physical evidence and testimony from the arresting officer,” said Kelbley.

The case against the clerk began after a family, which was offered assistance in exchange for money, went to the court’s monitoring officer, who functions as an internal affairs officer for the Supreme Court of Afghanistan.

“The monitoring officer coached the family members on what to say and helped them record a phone call to the clerk during which the bribe was solicited,” said Kelbley.

Other preliminary work included the officer providing the family marked bills to give to the clerk during the bribery transaction, which was also captured by video surveillance outside the Laghman courthouse, according to Kelbley. The clerk was arrested on the spot in front of judges and other court officials.

The defense argued that the prosecution had failed to adequately investigate the crime, said Kelbley. The clerk claimed that he was set up, which is a common defense in many Afghan trials. Despite the fierce defense, it was impossible to argue against the evidence.

“The prosecution had an overwhelming amount of evidence,” stated Kelbley. “Including the direct testimony of the arresting officer, who utilized marked bills as part of the sting operation, video of the bribe transaction, and even the audiotape of the bribe request.”

When the recording of the phone call was played aloud, where those in attendance heard the clerk say he was willing to help the family in exchange for money, murmurs erupted among the audience, added Kelbley.

“Not many Afghans have witnessed a trial involving a courtroom official,” said Kelbley. “Having a public trial of this magnitude is an important step in building stronger faith and confidence in the Afghan judicial system.”

To further amply the importance of the trial, the provincial government arranged for media to attend the trial, granting radio and television audiences a view of the rare case, added Kelbley. The media was able to interview witnesses and courtroom officials, who also spoke about how groundbreaking the trial was for Nangarhar and Afghanistan.

• Date Taken: 09.14.2011
• Date Posted: 09.20.2011 02:28
• Story ID: 77279
• Location: NANGARHAR PROVINCE, AF