By Garmah Never Lomo,garmahlomo@gmail.com
From an initial ten years given to the 71-year-old convicted rapist, Josiah Karwon, the 8th Judicial Circuit Court in Nimba County has added ten more years to his sentence.
This followedbased on motion to correct the Court’s Judgement by state prosecutor.
According to the motion filed by Cllr. Hector Quigoah, the convict did not show any remorse to plead guilty but rather joined issue with the state by pleading not guilty.
Convict Josiah Karwon was indicted by the state for kidnapping, raping and murdering an eleven-year-old girl in Nimba County.
The motion filed to correct the Judge judgement cited Chapter 14 section 14.1(a)(b) paragraph 2 says murder is a capital offense and a first degree felony. It states that a person convicted of murder maybe sentenced to death or life imprisonment as provided in section 50.5 and 51.3 of the penal law of Liberia.
As also mentioned in section 4(a) (I)-(iv) of the penal law of Liberia, the maximum sentenced for this is ten years but all these laws were ignored by the Judge, the state prosecutors added.
The Motion was filed after state lawyers took exception to the first ruling and it was argued by both state lawyers and defend lawyer headed by Cllr. Tarlue Waylee, thus prompting the Judge to add an additional ten to ten earlier given the convict.
The 8th Judicial Circuit court, amending the earlier judgement, cited Chapter 23 section 23.6 of the Criminal procedure law of Liberia which says a person who have been convicted in a criminal action at the Circuit court; who claims that the sentence imposed on him in violation of the constitution of Liberia or without jurisdiction or the sentence was excess of the maximum as required by law.
The in the same light has the authority or legal right to file a motion to correct the Judge judgement or sentence if they feel that the sentence does not commensurate with the evidence adduced in court.
Chapter 14 section 14.1(b) of the penal code provides that the punishment for should be life imprisonment.
The entire trial was sponsored by the Rural Integrated Center for Community Empowerment (RICCE).
Meanwhile, the defense lawyer Tarlue Waylee has accepted the lates ruling by the Judge.