Monrovia-The extremely anticipated ruling on a movement to suppress proof within the ongoing arson case involving former Deputy Speaker J. Fonati Koffa and co-defendants has been postponed till Thursday, September 18, after courtroom proceedings have been derailed by rejection of medical examination procedures by protection lawyer and advantageous inposed on them by Decide Roosevelt Z. Willie over alleged disobedience of a courtroom order.
By Willie N. Tokpah
Legal Court docket “A” Decide Roosevelt Z. Willie made the announcement following argument between protection and prosecution groups concerning the compliance of a previous order instructing defendants to endure medical analysis on the John F. Kennedy (JFK) Medical Middle, a directive the protection overtly rejected, citing lack of neutrality.
Court docket Fines Protection Attorneys US$100 for Disobedience
Throughout Wednesday, September 10 continuing, Decide Willie issued a US$100 advantageous in opposition to protection counsels to incorporate Cllr. Arthur Johnson, Cllr. Wilkins Wright, Cllr. Jonathan Massaquoi, Cllr. James Kumeh, and others for allegedly advising their purchasers to not adjust to the courtroom’s order to endure medical examination at JFK.
The courtroom cited a report from the Superintendent of Monrovia Central Jail, which said that the defendants refused to proceed to JFK on recommendation from their legal professionals, who claimed it was a authorities facility and never unbiased.
“The courtroom gave a transparent and lawful order,” Decide Willie emphasised.
“It should be obeyed or challenged by way of the Supreme Court docket, not disregarded.” He additional warned that permitting such disobedience would “undermine the authority of the judiciary.”
The legal professionals are ordered to pay the advantageous into the Judiciary Account by Tuesday, September 16, and submit a receipt to the Clerk of Court docket.
Protection Challenges Court docket’s Designation of JFK and AMI Services
Earlier, the protection had filed a movement in search of an unbiased medical examination of the defendants, citing allegations of torture and sodomy whereas in state custody.
Nevertheless, they objected to the usage of JFK, calling it government-owned and biased.
Prosecution Slams Protection for Delay Techniques
On its half, the prosecution, led by Cllr. Richard Scott, accused the protection of participating in deliberate delay ways to derail the proceedings.
Cllr. Scott urged the courtroom to carry each the defendants and their legal professionals in contempt for ignoring the JFK order.
“The protection acknowledged receipt of the courtroom’s task and as an alternative of complying, selected to defy it,” Cllr. Scott mentioned. “It is a harmful precedent. The protection continues to cover behind procedural maneuvers to keep away from the deserves of the case.”
He added that for the reason that solely unresolved foundation of the movement to suppress proof concerned the torture and sodomy allegations, the refusal to endure medical examination is a strategic ploy to delay the courtroom’s ruling.
In response to the resistance from the prosecution, Decide Willie dominated to grant the protection movement for unbiased examination however shifted the venue from JFK to AMI Expidirinary Medical Healthcare Middle, describing it as an acclaimed worldwide medical facility.
The courtroom instructed that the Ministry of Justice bear the fee and that the defendants be escorted by judicial safety for examination, with outcomes because of the courtroom by Wednesday, September 17.
Nevertheless, this resolution was opposed by protection counsel Cllr. Wilkins Wright, who argued that AMI is not any completely different from JFK, declaring that AMI has an present contract with the Ministry of Justice and Liberia Nationwide Police.
Cllr. Wright referenced a previous incident wherein his shopper, Kendrich Koffa, was allegedly assaulted however AMI’s report listed malaria because the trigger, elevating questions in regards to the facility’s impartiality.
Wright additional challenged the validity of the Sheriff’s Return, arguing it was in actual fact a report from the Superintendent of the Jail and never an official courtroom officer.
He confused that the superintendent didn’t testify in courtroom, and due to this fact, the report can’t be thought-about as verified proof.
Furthermore, he clarified that the defendants, not the legal professionals, said their refusal to attend JFK, and as such, fines levied in opposition to the protection staff have been unjustified.
With the medical examination now assigned to AMI, and outcomes due by September 17, the courtroom has rescheduled the ruling on the movement to suppress proof for Thursday, September 18.
Decide Willie reiterated that whereas he acknowledged the defendants’ proper to query medical findings, the lawful course of should be adopted.
“No get together, together with legal professionals, can ignore the courtroom and anticipate to go free,” he mentioned. “If allowed, it could proceed to erode justice on this nation.”
The courtroom emphasised that events with objections to the medical findings or facility ought to search redress by way of the Supreme Court docket.
The case entails J. Fonati Koffa and a number of other co-defendants accused of orchestrating an arson assault on authorities property.
The defence claims their purchasers have been severely tortured whereas in custody, and have filed motions to suppress key proof, arguing it was obtained by way of coercion and abuse.
Because the case progresses, the nation watches carefully, a case highlighting the steadiness between human rights, judicial authority, and the integrity of due course of.
