PHOTO: Bong County Attorney Jonathan Flomo
By Emmanuel Mafelah, mafelahemmanuel29@gmail.com
GBARNGA, Liberia- Bong County’s Chief Prosecutor, Attorney Jonathan N. Flomo has described the recent release of eight rape suspects in the county as gross violation of Liberia’s Criminal Procedure Law.
One of those released is Junior Flomo, age 39 and resident of Gold Camp in Kokoyah District, who was arrested in January 2019 and charged for allegedly raping his 63-year-old grandmother, his mother, an infant and its suckling mother in December 2018.
Junior Flomo and the other suspects were all ordered released along with several other pretrial detainees on April 13, 2020, by the Assigned Judge at the Ninth Jucial Circuit Court, Korboi Nuta.
In his reaction, Atty. Flomo said while he is not opposed to the release of any suspect from detention, any such action should be taken in keeping with law.
Citing Section 18.1 and 2 of the Criminal Procedure Law, Flomo argued that the two conditions under which criminal defendants may be released without trial is when a case is dismissed either by the prosecuting attorney, with reason based on failure to proceed.
“In the case of the suspects, the state did not receive a motion for ‘failure to proceed’ filed by the defense or a motion from the court through a notice that the case had been assigned for hearing.”
Besides, Atty. Flomo said most of the suspects had already admitted committing the various crimes for which they were standing trail and were in a plea bargain arrangement.
The seven others charged with statutory rape are Sirleaf Page, Jerome Seawarkpala, Pewee Kerkulah, Konah Daniels, Titus Mulbah, Varney Momo and Emmanuel Togbah.
Court documents show that Nuta and Bong County Deputy Sheriff Perry Kenneh ordered the suspects’ release. They had been in jail for over a year.
When asked as to the rationale behind his action, the judge referred our reporter to Court Clerk Daniel Polonkollie who refused to comment on grounds that he was not authorized to say anything on the matter.
Defense Attorney Mohammed Golafaley in whose custody the suspects were released justified the court’s action because according to him, the state had failed to provide sufficient evidence against their clients.
The court also released four other pretrial detainees charged with illegal possession of firearm, theft of property and aggravated assault.
Attorney Flomo said he had pleaded with Judge Nuta and Golafaley in vain against releasing the 12, after being informed of the court’s decision, reminding them that it was the Sexual Offenses Division of the Ninth Judicial Circuit Court that had jurisdiction over the case and not the Circuit itself, citing Chapter 25, Section 25.3 of the Amended Judicial Law.
The County Attorney says he has filed a formal complaint with Liberia’s Solicitor General Cllr. Sayma Syrenius Cephas on the court’s action.