PHOTO: Rev. Dr. Karyeah
By Garmah Never Lomo, garmahlomo@gmail.com
The 9th Judicial Circuit Court in Gbarnga, Bong County, central Liberia has dismissed and denied an application for bail for a prominent cleric of the United Methodist Church, who is being held for allegedly raping a minor.
Rev. Dr. Samuel K. Karyeah, Dean Gbarnga School of Theology filed a motion to be admitted to bail.
The Methodist cleric in court for allegedly raping a 15-year-old student on his scholarship program.
Defendant Karyeah, 54, through his legal Cllr. Mohammed Golafallay, filed a seven-count motion on April 6, 2020 to admit his client to bail due to medical condition that he failed to prove in court during the hearing of the motion.
According to the court, the law provides that rape for the purpose of bail is a capital offense which is not billable in Chapter 13, section 13.1 of the Criminal procedure law.
It further says illness of the defendant where offense is satisfied on Investigation that a person in custody for the commission of an offense is in such physical condition that continued confinement of such person in the place, where he is confined would result in his death or permanent serious injury to his health.
Rev Karyeah being escorted by Police
The court explained that it may at any time before sentence is commenced, order the removal of such person to some other place of confinement where his health may be better preserved or may admit him to bail if the confinement will endanger his life.
As regards proof being evidence and presumption being great, the court quotes Chapter 13, section 13.1 of the Criminal procedure law provides that after indictment for such an offense, the burden is on the defendant to show that proof is not evidence and presumption is not grave.
In the instance case, the movant or Defendant Karyeah did not convince the court by documentary evidence or otherwise to the contrary.
In its ruling into the motion to admit to bail, the 9th Judicial Circuit Court said, defendant Karyeah didn’t also convince it in such grave medical condition that warrant him bail.
As to showing that proof is not great, the court says file before them showed that on July 6, 2020, a true bail was presented by the grand jury of Bong County, thereby indicting Rev. Dr. Samuel K. Karyeah and the defendant has shown to the court that proof is not evidence and presumption is not great, the Court found it impossible to accept the defendant argument.
Therefore, the court adds that after listening to argument pro and con, the court hereby denies the defendant motion to admit to bail.
In the meantime, the Clerk of court was ordered to communicate with the prison superintendent to furnish this with preliminary report on the present health condition of defendant Karyeah.
In Count two of his motion, defendant Karyeah said that during his detention and Investigation at the Bong County police detachment, due to poor health, he was allowed to seek medical attention. And during his treatment in Monrovia, he was diagnosed by a Cardiologist that he has a heart problem and he should immediately start treatment.
While on the treatment, he said that he was forcibly removed from hospital and taken to Gbarnga, Bong County and he was charged with Statutory rape.
Further to count three above, movant or defendant says, that all person accused of a crimes have the right to bail under the law especially where the accused is sick and need medical attention.
Rape suspect Karyeah’s Lawyer further quoted Chapter 13 section 13.1 of the Criminal procedure law which states a person in custody for a commission of a capital offense shall before conviction be entitled as a right to be admitted to bail, unless the proof is evidence and the presumption is great.
In resistant thereto, state lawyers filed a six counts resistant out of which counts three and four was traversed. State lawyer or respondent in the case informed court that defendant Karyeah sought medical treatment at the Admadiya Muslim clinic on 10th Street in Sinkor, Monrovia, where he was diagnosed of enteric fever (Typhoid), for which he was placed on treatment from March 26-30,2020 and said medical report was displayed in court.
The alleged perpetrator started sexually abusing the survivor at age 14 into separate locations in Gbarnga, Bong County and his arrest, he was immediately suspended by the United Methodist Church in Liberia for time indefinite until he can exonerate himself from the matter.
Defendant Karyeah was indicted during the May term A. D. 2020.