Prosecution Fears CDC-COP May Escape from Justice
IPNEWS: Government lawyers on Tuesday, August 4, 2022, expressed fear that seven members of the CDC-COP are at flight risk and may escape the country to avoid prosecution for attempted murder and aggravated assault and that they may likely escape a maximum jail of five-year if found guilty by the court. Cllr. Wesseh fear comes amidst the granting of a Human Surety Bond by Magistrate Jomah Jallah, which prevented the defendants from being incarcerated at the Monrovia Central Prison.
They were arrested and forwarded to court for their alleged involvement in the July 26, 2022, violence in which several protestors of the University of Liberia campus–based Vanguard Students Unification Party, SUP, were injured. Despite video recordings and pictorial evidence showing members of CDC-COP mercilessly beating members of the Students Unification Party, who had done to peacefully present their grievances to the US Embassy, and stripping one of them naked (Christopher Sivili), Cllr. Johnson is also call for preliminary examination, which falls in line with Chapter 12, Section 12.2 of the Criminal Procedure Law. His request was resisted by State Prosecutor, Cllr. Wesseh A. Wesseh, on grounds that even though the offenses charged are billable under the law, the court does not have jurisdiction over the two crimes, the Magistrate should deny Defense the right to bail and sent the defendants to Court “A” to allow the court to determine any bail-bond that the defendant may have proffered.
Cllr. Wesseh A. Wesseh, assistant Justice Minister for Litigation, requested Magistrate Jomah Jallah of the Monrovia City Court not to release the defendants, but rather turn them over to Criminal Court “A” which has trial jurisdiction over the defendants for the alleged crimes.
Cllr. Wesseh: “Prosecution says even though the offenses are billable under our law, but since the Monrovia City Court does not have triable jurisdiction over the two crimes, the judge should deny the defendants’ right to bail and send the case to Criminal Court “A” to allow the court determine any bond the defendants may have proffered.”
He stated that the defendants are at flight risk taking into consideration the fact that their crimes are second degree felonies as per law. And if they were to be tried and found guilty, the maximum sentence would be five years and so the court must therefore refuse to grant them bail.
Defense lawyer Cllr. Arthur Johnson, however, argued that the defendants invoked Chapter 13.5 of the Criminal Procedural Law and Article 20 of the Constitution that deal with the right to bail to secure their release because the crimes charged are billable.
Cllr. Johnson had asked the court for separation of the crimes of attempted murder and aggravated assault and send the offenses to the Criminal Court “A” for onward prosecution, while the other crimes of theft of property, rioting, disorderly conduct among others can be decided by the Monrovia City Court.
Cllr. Johnson also challenged the crimes placed on the defendants by the State requesting the court for preliminary examination of the evidence. He said Chapter 12 Section 12.2 of the Criminal Procedural Law gives right to the defendants to challenge government’s evidence and crimes against them.
Monrovia City Court Judge Jomah Jallah has ruled that chapter 13.1 of the Criminal Procedure Law and Article 21 (h) of the Constitution provide for bail of the criminal defendants pending the disposition of a criminal case.
Judge Jallah said Section 12. 2 of the Criminal Procedural Law provides that criminal defendants have the right to preliminary examination to ascertain if the state has enough evidence to try them in a criminal court.
He further stated that the Supreme Court has propended that where there are multiple crimes and some are in the jurisdiction of the Magisterial Court and other Circuit Courts, those cases in the Magisterial Court shall remain, while the others are being transferred to the proper court.
The Judge, however, granted the defendants request and released them on “human Surety”. The Judge however fell short of disclosing to the public who were those individuals who stood as “Human Surety” for the release of the defendants.
Meanwhile, it was speculated that the defendants were turned over to partisans of CDC as they were in open court lobbying for the release of the men. Minutes after the defendants were taken from the prisoner’s bench, two cars (pick-up and jeep) took the defendants and drove them out of the grounds of the Temple of Justice along with some partisans of the ruling CDC. Reporter Jacqueline Dinnes contributed to this story
