PHOTO: The late officer Alexander Saye
By Garmah Never Lomo, garmahlomo@gmail.com
How did defendant Sampson Pennue get released on bail in June 10,2021, the assigned Circuit Court Judge of the 7th Judicial Circuit Court in Zwedru City, Sikajipo Wollor Grand Gedeh County has been making startling revelations of how he was pressured to put the indicted murder suspect on bail.
Judge Wollor revelation came as the result of a motion of recusal filed by state lawyers on ground that he (Wollor) will not be neutral, but the Judge said his home was visited by some Lawyers to persuade him to put the murder suspect on bail.
Sampson Pennoh has been charged with murder and he is the National Security Agency ( NSA) Commander for Grand Gedeh and he is a brother of Senator Emmanuel Zoe Pennoh..
The State motion for recusal filed on Wednesday August 25, 2021 says that prosecution feels that it is vividly clear that your neutrality in this case, you started in yours holdings neutral because while, granting the defendant bail in this case as a judge will be far from that the presumption is not great and the proof is not evidence.
Count two of state lawyer motion for recusal says that your Honor having listened to the evidence in this case from the state by holding that the presumption is not great is a clear indication that your cannot be impartial also prosecution further told Judge Wollor that you are the presiding Judge who granted the defendant bail and also ruled that there is no presumption to hold the defendant that a neutral judge hear this case.
Prosecution cites the case Republic of Liberia vs Harmon 5LLR page 300, Syl.5 the case victor Logan vs. Republic of Liberia 33LLR page 434,Syl. 8.
In resisting the prosecution motion for recusal, one of Counsels for the defendant said that the application was made by prosecution because of the legal and factual reasons.
That the defendant in these proceedings had been arraigned before court and that the indictment has been read to the defendant.
That is clear during the hearing of the motion to admit defendant to bail the presumption was not great and evidence is not proof and as such the bail was granted.
That the application fielded by the County Attorney is intended to buffer and delay the trial of these proceedings and as such, the defendant will suffer for nothing.
The defense therefore requested court to earnestly, respectfully prayed court to deny the motion filed by state lawyers and proceed with the hearing of the case.
In his ruling on the motion filed by state lawyers, Judge Sikajibo A. Wollor said HE WHO COMES WITH EQUITY, MUST COME WITH CLEAN HANDS.
According to Judge Wollor, during the February 2021, A.D term of Court, immediatly after the receipt of his assignment for the May A.D 2021 Term of Court, Atty. Isaac B. Williams County Attorney and his deputy Joseph G. Suah both of the 7th Judicial Circuit Court for Grand Gedeh County visited his house in Margibi County.
The purpose of their visit was to place the defendant on bond and his answer to them was before he placed the defendant on bond, the charge must be changed to manslaughter. And upon the resumption of the May term of Court, both the public defenders and County Attorney emeritus Cllr. Adolphus Karnuah assembled in his Chambers that he should place the defendant on bond, Judge Wollor added.
Judge Wollor further narrated that he went through the resistant of Cllr. Karnuah, especially to count three of that resistant made reference to the court file.
And his question to Cllr. Karnuah was, you want for defendant Sampson Pennue to be placed on bond and in count three, you made reference to the court file but it was defense lawyer Morias Waylee who told Cllr. Karnuah that since you want the defendant Pennue to be placed on bond, delete the portion that made reference to the case file, hence, because of the delectation of count three in the resistance that made reference to the file; hence Defendant Pennue was placed on bond Judge, Wollor narrated.
Further to his ruling, Judge Wollor said, County Attorney, you knew that my neutrality has been questioned why, you allow this court to arraign the defendant before court and the defendant pleaded not guilty to the indictment; and if you knew that my neutrality was questionable you should not have allow the defendant to be arraign before court.
The Court says that when there is a reading of the indictment and the defendant told court that he is not guilty, it closes all motions. Therefore, the County Attorney suffers waiver and laches.
Judge Wollor further explained that the County Attorney after he had made the motion for the reading of the indictment and the defendant said, “I am not guilty” that stands serves as a denouement to all motions.
The 7th Judicial Circuit Court Judge said hence, the motion made for the court to reuse herself after the indictment has been read to the defendant and pleaded not guilty, it closes all motions, hence the county attorney suffers waivers and laches, hence the case is hereby ordered proceeded with.
But prosecution took exception to the ruling and gave notice to court that it will take advantage of statute controlling.
State prosecutors also requested court for continuance into the matter and said it couldn’t proceed with the case because it has been practically impossible to get prosecution principle witnesses to come to Court especially the police forensic Investigator and those witnesses named in the indictment which includes DCP Emmanuel D. Jlikan, Abu B. Daramy and ACP Moore A. Dennis who did the forensic investigation.
Prosecution said those are key witnesses to the case and their testimonies will be relevant and material in deciding the case and the state will be unable to proceed without the attendance of those witnesses.
For his part, Cllr. Karnuah said he was prevented from being part of state prosecutors on ground that he has taken part something that he accepts and stay away after went as state lawyer to join the County Attorneys to prosecute the matter.
Meanwhile, authority of the Liberian National Police said, they are set to writ the Ministry of Justice for the recusal of Judge Wollor or to have the matter transfer.
Police authority dispatched their police investigators who investigated the case to testify into their colleague murder case but they didn’t testify today on ground that the case has been tempered and they can’t sit and allow their colleague for free.
State witnesses were expected to start testifying today August 25,2021 into the Police Regional Commander Alexander Saye murdee case but they refused to appear in court based on alleged tempering with their colleague murder case.
As for the Liberia’s Solicitor General Sayma Syrenius Cephus was has been accused of being the mastermind of the released of defendant Sampson Pennue, when this reporter engaged him on the allegation, he said to hell with the person who gave me the information.
The biggest question now is what will the Judiciary do to judge Wollor and what will Ministry of Justice do to their prosecutors, in the midst of this confession by Judge Wollor?