Monrovia-Legal Courtroom ‘A’ Choose Roosevelt Z. Willie has ordered the rapid switch of all Capitol Arson Assault defendants from Kakata Central Jail in Margibi County again to the Monrovia Central Jail, citing authorized jurisdiction and the defendants’ proper to counsel.
Willie N. Tokpah
The ruling follows heated arguments in court docket over a 32-count movement to suppress proof filed by protection attorneys, who allege severe constitutional and procedural violations within the state’s dealing with of the investigation, starting from unlawful search and seizure to allegations of torture and unauthorized forensic evaluation.
Nevertheless, the court docket has upheld Jurisdiction, Proper to Counsel in one of many points raised through the argument.
Choose Willie emphasised that the continuing arson trial is being held in Montserrado County, not Margibi, and due to this fact, “the defendants have to be saved throughout the jurisdiction of the court docket making an attempt the case.”
He granted the protection’s request to have the defendants returned to Monrovia, stating that their extended detention in Kakata undermined their proper to efficient authorized illustration.
“If the Ministry of Justice claims there is no such thing as a area to carry them on the Monrovia Central Jail,” the choose said, “then the state should create area, by releasing pretrial detainees who’re eligible for bail, if crucial.”
Not a Political Trial, Choose Warns
Amid public curiosity and rising political commentary surrounding the high-profile case, Choose Willie reiterated that the trial isn’t political.
“This Courtroom has no intention to maintain anybody in jail who has not dedicated a capital offense requiring a bond,” he stated.
Nevertheless, he additionally dominated that the bail bond beforehand submitted on behalf of the defendants was invalid and harassed that three of the accused stay a flight danger.
He stated the defendants could also be launched solely upon the posting of applicable and legitimate bond devices.
Protection Launches 32-Rely Problem to State’s Proof
Led by a group of outstanding authorized counsels together with Cllrs. Arthur Johnson, Wilkins Wright, and Jonathan Massaquoi, the protection introduced a blistering movement to suppress the prosecution’s proof, citing constitutional, statutory, and procedural violations.
Cllr. Arthur Johnson argued that the NSA, not the Liberian Nationwide Police (LNP), performed the core investigation regardless of missing statutory authority to take action.
He argued that proof seized throughout searches lacked correct judicial authorization and did not adjust to Chapter 11, Part 11.3 of the Legal Process Legislation.
Cllr. Johnson said that the defendants weren’t current through the search and seizure operations, undermining the authorized chain of custody of essential objects, together with a chloride bottle allegedly linked to the arson.
He added that the decision logs used as proof have been obtained with out court docket order, violating privateness rights beneath Liberian legislation and missing authentication.
“The Liberia Petroleum Refining Firm (LPRC) performed forensic evaluation with out authorized authority and did not notify the defendants of its examination course of,” Cllr. Johnson argued.
Cllr. Johnson additional alleged that the defendants have been tortured and sodomized throughout their detention on the NSA, calling the investigative course of “clandestine, uncivilized, and barbaric.”
Prosecution Denies Violations, Defends NSA’s Involvement
One of many State prosecutors, Cllr. Richard Scott, rejected the movement in its entirety, urging the court docket to dismiss it and permit the trial to proceed.
Cllr. Scott argued that the NSA’s involvement was legally licensed by the Ministry of Justice, citing the company’s technical experience.
He stated search and seizure actions have been accredited by the court docket, and the protection’s acknowledgment of those requests contradicts their suppression arguments.
On the problem of name logs, Scott cited precedent from the Civil Mining Case involving Cllr. Varney Sherman, stating that privateness doesn’t apply in prison investigations.
He famous that credible proof of torture was introduced, and the vast majority of the state’s proof is digital in nature, undermining the argument that it was obtained via coercion.
Cllr. Scott dismissed the movement as a delay tactic, stating, “The protection is just making an attempt to stop this case from transferring ahead.”
The Capitol Arson case, stemming from a suspected political assault on Liberia’s Capitol Constructing, has attracted important nationwide consideration, with implications for civil liberties, the rule of legislation, and the right limits of state investigative powers.
The court docket is anticipated to rule on the movement to suppress proof on Thursday, September 4.
A choice in favor of the protection may alter the trajectory of the case, and even dismantle the prosecution’s proof totally.
