Monrovia-Legal Court docket “A” Choose Roosevelt Z. Willie has denied a movement filed by protection legal professionals in search of to suppress key proof within the ongoing trial of a number of defendants accused of great felony offenses.
By Willie N. Tokpah
The protection had argued that the proof needs to be excluded on grounds that it was obtained via acts of torture, citing a medical report from AMI Expidirinary Medical Healthcare Middle as supporting documentation.
The controversy stems from protection argument that the co-defendants have been tortured to offer key proof to prosecution, which they contested, shouldn’t be thought of in the course of the listening to.
Because of this, they requested an impartial medical examination, which Choose Willie granted.
The latest medical report was submitted to the courtroom, following a court-ordered impartial medical examination of the defendants on the AMI Expidirinary Medical Healthcare Middle.
In response to the report, the medical staff discovered bodily and psychological indicators in step with claims of torture, together with bruising, indicators of extended restraint, and elevated stress markers.
Protection attorneys argued that these findings substantiate their declare that statements and proof obtained from the defendants in the course of the preliminary phases of the investigation have been secured beneath duress, in violation of each Liberian and worldwide authorized requirements prohibiting torture and coercion.
Movement to Suppress Proof Denied
Regardless of the report, in a ruling delivered earlier Wednesday, September 24, Choose Willie rejected the defence’s movement to suppress the proof, stating that whereas the medical report raises severe issues, it doesn’t, by itself, meet the authorized threshold required to exclude the proof in query.
“Primarily based on the problem and the regulation cited,” Choose Willie declared from the bench, “the movement to suppress proof is hereby denied.” He additional ordered that the trial will proceed this Friday as scheduled.
The protection has taken exception to the ruling and indicated its intention to pursue statutory cures, doubtlessly together with an interlocutory enchantment or a writ of prohibition to the Supreme Court docket of Liberia.
Questions Over NSA’s Function within the Investigation
Earlier than the ruling, throughout arguments, the protection additionally challenged the legality of the Nationwide Safety Company’s (NSA) involvement within the investigation.
Protection counsel via Cllr. Wilkins Wright argued that beneath the Act establishing the NSA (2011), the company is allowed solely to have interaction in clandestine operations and to not conduct felony investigations of the character at present earlier than the courtroom.
In its response to the protection movement, the prosecution, via Cllr. Richard Scott argued that each one proof, together with confessions and materials reveals, was collected lawfully and voluntarily.
Cllr. Scott insisted that the involvement specialisedzed companies such because the NSA and LPRC was essential in piecing collectively complicated components of the case and didn’t violate due course of.
“The prosecution maintains that the medical report, whereas regarding, doesn’t negate the authorized procedures that have been adopted in the course of the investigation,” mentioned the lead authorities lawyer throughout arguments.
Nevertheless, the courtroom dominated in any other case towards the protection.
Referring to Part 2(d) of the 2011 NSA Act, Choose Willie acknowledged that the NSA is legally empowered to help different regulation enforcement our bodies, particularly in circumstances the place the Liberia Nationwide Police (LNP) could lack the technical capability to conduct specialised features of an investigation.
“The participation of the NSA was approved,” the choose famous, including that collaboration between safety companies is permissible beneath present regulation.
He emphasised that the NSA’s involvement was inside its mandate and didn’t taint the investigation or subsequent proof assortment.
Choose Willie additionally addressed the involvement of the Liberia Petroleum Refining Firm (LPRC) within the investigation, which was approved to research a substance present in a chloride bottle linked to the case.
The evaluation, reviewed by the LNP via a memorandum of collaboration, was deemed lawful by the courtroom.
“The participation of LPRC was by no means unlawful,” Choose Willie emphasised, ruling that each the laboratory evaluation and the procedural steps resulting in it have been legitimate and admissible.
He additional upheld the legality of a search and seizure warrant issued by the Monrovia Metropolis Court docket, stating that the writ was correctly obtained and executed in accordance with regulation.
With the movement denied, the trial is ready to renew this Friday, September 26, at Legal Court docket “A”, the place the prosecution is predicted to name extra witnesses and introduce additional forensic proof.
The case has drawn important public curiosity as a result of gravity of the fees and the involvement of a number of nationwide safety establishments.
Authorized observers say the upcoming proceedings will probably be crucial in figuring out whether or not the prosecution can meet its burden of proof amid rising scrutiny over investigatory practices and defendants’ rights.
