It has been nearly a year since Defendant Oliver Dillion, a Coordinator of Decentralization at the Ministry of Transport, was arrested by officers of the Liberian National Police, investigated and charged with murder on Wednesday, April 17, 2019.
Since then, he has been detained at the Monrovia Central Prison pending prosecution for allegedly killing Emmanuel Koffa, a resident of Gardnesville outside Monrovia.
According to the police charge sheet, Defendant Dillon allegedly stabbed victim Emmanuel Koffa twice in the chest when Koffa and two other persons to be identified engaged him in the darkness with a scissor with aggression and malicious intent.
According to the police charge sheet, Defendant Dillon stabbed the deceased twice in his chest when the deceased and two others to be identified engaged him (Dillon) in the darkness with a scissor with aggression and malice intent.
The charge sheet also identified the deceased as a truck conductor, who used to be a car loader at the Barnesville Junction.
The charge also revealed that the vicinity in which Defendant Dillon encountered the victim and two others are noted for a notorious crime.
The investigation further revealed that the accused usually parked his vehicle opposite Jetty Trading Corporation in the Supermarket area along the Somalia Drive. He and his fiancée were victimized by robbers on separate occasions. On April 12, 2019, suspect Dillon parked his vehicle around 12 mid-night and went to his house.
While at home, he decided to use his computer but could not find his reading glasses and one of his cell phones and then realized that he forgot them in his vehicle that was parked.
Suspect Dillon decided to go back to his car for his phone and reading glasses. While leaving his house, he took a long knife with him,” the charge sheet said.
The charge sheet added that after defendant Dillon pulled out the knife and stabbed the victim twice on his left breast, the two others alleged accomplices fled the scene.
“The action of suspect Dillon to stab the victim twice on his left breast indicated that he (Oliver Dillon) intended killing the victim,” the charge sheet noted.
Longman dictionary defines Self-Defence as: “the use of force to protect yourself when you are attacked”
Now, after 10 months of legal bickering at the Temple of Justice the venue for the murder trial of Oliver Dillion, was on Monday, January 13, 2020 transferred from Montserrado County to Margibi County.
This latest move was taken by Presiding Judge Cianeh Clinton Johnson of the Criminal Court “B”.
Judge Johnson’s decision was taken after she ruled into prosecution’s motion filed before her for change of venue due to what it referred to as ‘diverse local biases and the activities of Montserrado County Senator Darius Dillion’, who is the brother of the Defendant.
Defendant Dillion’s lawyer resisted the motion filed for change of venue arguing that the prosecution did not show any evidence to prove any local prejudice if the case is tried in Montserrado County.
Prior to her ruling, Judge Johnson added that the prosecution had requested the court to have the case transferred from the 1st Judicial Assizes Court “B at the Temple of Justice to the 5th Judicial Circuit in Grand Cape Mount County.
Judge Johnson wondered why the prosecution could think that the 5th Judicial Circuit Court could be the best place to try the case.
Citing a legal reference, the Judge said that an application for a change of venue should be addressed to the discretion of the trial judge which means that the judge would act arbitrarily in the matter and that the judge discretion is judicial’ in character and a sound discretion guided by law.
She said there was no law that says the prosecution has the right to determine the venue or that venue is at the discretion of the state.
According to the judge, the law provides that the court has the authority to change venue to another county and not to a specified county as requested by the prosecution and since this court not been mandated by law to grant the change of venue at the discretion of the state.
She then ordered the Clerk of Court to enter the record to transfer of the case and transmit all records to Clerk of the Margibi Court.
Prosecution lawyer, Cllr. Edwin Martin partially rejected the Judge’s ruling. However, the Defendant lawyer Atty. Philomena Williams interposed no objection but prayed for fair and speedy trial for the Defendant Dillion.
It may be recalled, Judge Roosevelt Willie Monday, November 18, 2019, recused himself from further hearing the murder case involving Oliver Dillion, who had been in detention for last seven months in a ruling at the Criminal Court “A” at the Temple of Justice
The judge’s ruling was centered on the prosecution’s motion filed to have him recused himself from the case due to his earlier decision in the case to admit Defendant Dillon to bail.
Dillon was admitted to bail by Judge Willie in October 2019 after granting defense lawyers’ motion filed to admit him to bail after arguing that the police charge sheet and indictment, which charged Defendant Dillion with murder did not have the elements of premeditation and malice which are ‘critical elements’ for one to be charged with murder.
“During the May Term of Court, a motion was filed before this court by the Defendant for him to be placed on bail and the cause of that bail was proof was not evident and presumption not great and that was grounded on the Criminal Procedure Law Section 13.1.1,” said Judge Willie’s ruling.
The prosecution lawyers resisted the judge’s ruling to admit Dillion to bail and filed a Writ of Certiorari to the then Justice-In-Chamber Joseph Nagbe to review his ruling arguing that Judge Willie was in error to admit Dillon to bail that there were elements in both the police charge sheet and the indictment to link him to the murder charge.
It may also be recalled Oliver Dillon was on the brink of walking out of pre-trial detention after Judge Roosevelt Willie believed there were conditions under the law that permit an individual to be released on bail despite being charged for a capital offense.
His charge was also to be reduced from murder to manslaughter after reviewing the circumstances surrounding alleged crime, when Justice in Chambers, Joseph Nagbe, granted the petition for a writ of ‘certiorari’.
A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it and make determination on ruling delivered which stated that Judge Willie was in error and therefore overturned the ruling.
Justice Nagbe’s overturning of the ruling followed a petition from the prosecution for the review of the Judge Willie’s ruling.
Justice-In-Chamber Nagbe set-aside Judge Willie’s ruling after a hearing adding that there was an element in the charge sheet and indictment to link the defendant to murder contrary to an earlier ruling by Judge Roosevelt Willie that both the police charged sheet and indictment had no ‘critical element’ to constitute murder. .
It may furthermore be recalled that at the start of the case, the prosecution again asked Judge Willie to recuse himself taking into account his previous ruling to admit Dillon to bail and that of the ruling of Associate Justice Nagbe ruling to overturn his ruling.
“Wherefore and in view of the foregoing facts and circumstances, prosecution for the state prays your honor that you have yourself recused in order for the court to exercise cool neutrality over the subject matter and grant unto the prosecution any other relief that may deem just and legal,” said the prosecution
The prosecution further stated that at the time of the ruling of the judge to admit the Defendant to bail meant that he touched the merit of the case.
Prior to his ruling to recuse himself, Judge Willie admitted touching the merit of the case when he ruled to admit the Defendant to bail.
“In view, therefore, the motion for recusal as applied for by the prosecution is hereby granted based on the fact that this court has ‘touched the merit of the case’,” Judge Willie ruled.
On May 7, Judge Willie who presides over Criminal Court “A” ordered the release of Dillion on bail when he ruled into a motion filed by the Defense counsel.
Following the arguments by state prosecutors and defense lawyer, Judge Willie accepted the bail claiming that the country’s laws as enshrined in Criminal Procedure Law Section 13.1 titled the ‘Right to Bail’ subtitled criminal offenses states that a person in the custody for a commission of capital offense before conviction be entitled to the right to bail unless the presumption is not great and evident proven.
“A bail is not intended to free and Defendant but rather it enables the Defendant to be out of prison and come to court whenever he/she is needed, as in this case or any case where the proof is not evident and the presumption not great, an accused can be placed on bail,” Judge Willie explained.
In admitting Dillon to bail, Judge Willie said, Dillon should file the appropriate bond as defined by law, bring five eminent persons from his community with their photos and place of the resident to be ascertained by the Sheriff of the court where they have to stand as sureties for the Defendant
According to Judge Willie, the accused while on bail will report to the Sheriff office three times a week, Monday, Wednesday and Friday at 11:00 to sign the attendance sheet; however, the Judge stated failure on the part of Defendant Dillon to abide by these guidelines will leave the court with no alternative but declare the Defendant as bail jumping and he will be arrested and re-incarcerated.
But Judge Willie’s order was stalled when state prosecutors filed a petition of certiorari asking Associate Justice to review Judge Willie’s decision to grant the bail.
Additionally, Justice Nagbe at a conference said Judge Willie was in error and he ignored Criminal Procedure Law Section 13.1 titled the ‘Right to Bail’ subtitled ‘Criminal Offenses’.
Chapter 13, section 13.1 – Right to Bail “Capital offenses” states that a person in custody for the commission of a capital offense shall, before conviction, be entitled as of right to be admitted to bail unless the proof is evident or presumption great that he is guilty of the offense.
The section furthers, on the hearing of an application for admission to bail made before indictment by a person in custody for the commission of a capital offense, the burden of showing that proof is evident or the presumption great that he is guilty of the offense is on the Republic.
After indictment for such an offense, the burden is on the defendant to show that the proof is evident or the presumption not great. After a conviction for a capital offense, no person shall be continued at large on bail or be admitted to bail except in accordance with the provision of paragraph three (Illness of defendant) of the section.
Justice Nagbe said state prosecutors provided evidence on the murder charge and Judge Willie should not have granted the motion to bail.
State prosecutors cited Article 21.C, 1986 Constitution that states, “Every person suspected or accused of committing a crime shall immediately upon arrest be informed in detail of the charges, of the right to remain silent and of the fact that any statement made could be used against him in a court of law.
“Such person shall be entitled to counsel at every stage of the investigation and shall have the right not to be interrogated except in the presence of counsel. Any admission or other statements made by the accused in the absence of such counsel shall be deemed inadmissible as evidence in a court of law.”
Defense lawyers took exception to the ruling and gave notice that they will take advantage of the statute as requires by law.
Cllr. Wiefueh Sayeh argued that a Defendant can be admitted to bail for capital offense when the presumption is not great or the evidence is not proven as is in the case of Defendant Dillon requesting Justice Nagbe to deny the petition for the Writ of Certiorari.
In all this, Defendant Oliver Dillion is sadly losing sight behind the walls of the Monrovia Central Prison.
IPNews in a swap visit, saw the unconducive environment of the prison for the first time.
Watch out for continuing coverage from ‘Inside the walls of the Monrovia Central Prison’
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