The Magisterial Court of Cestos, Rivercess County has denied a motion to dismiss the criminal coercion case against Journalists of the Echo Radio in Liberia’s Rivercess County.
According to the Press Union of Liberia (PUL), the motion was denied during the trial of the Journalists last Wednesday.
On Thursday, May 17, 2018, sheriffs from the Cestos Magisterial Court served a writ of arrest on Journalists Oldpa Duoe, Saturday Jududoe and Stanley Wrehdhu for criminal coercion for alleged defamation against an individual identified by the court as Private Prosecutor, Victor Wilson.
Mr. Eric Oldpa Duoe, Saturday Jududoe and Stanley Wrehdhu are all employees of ECHO Radio of Yarpah Town Rivercess County.
Lawyers representing the defendants Cllr. Paul Jarvan and William Moore Johnson motion for dismissal argued that the court’s writ of arrest contained wrong form of action since there were no elements of force or compulsion to constitute criminal coercion in the allegation brought against the journalists.
The defense counsel asserted that, what was presented in the charge against the reporters amounts to an action in defamation and not criminal coercion.
Associate Magistrate Abraham Nyonway denied the motion stating that there were key elements of criminal coercion which were clear and could be answer affirmatively.
He cited section 14.4 of the criminal law which states: A complaint made orally to a magistrate or justice of the peace shall be reduced to writing on the face of the writ by the clerk of the court, or, if there is no clerk, by the magistrate or justice.
The written complaint shall specify the nature of the offense charged and shall contain a concise statement of the acts of the defendant alleged to constitute such offense, and of the time and place of commission of the offense and of the person, if any, against whom, and the thing, if any, in respect to which, the offense was committed. The complaint shall be sworn to by the complainant.
The defense counsel noted their exceptions to the ruling of the magistrate and announce in open court that they will take advantage of the appeal statute as require by law.
According to the Writ of Arrest, the three journalists: Eric Opa Duoe, Saturday Jududoe, and Stanley Wrehdyu of Echo Radio of Rivercess County were ordered arrested for the crime of criminal coercion having allegedly broadcasts intentionally, criminally, and maliciously, that the former Representative of the 51st legislature of Rivercess County Victor Wilson was involved in the sale of an earth moving equipment that belong to the People of Rivercess which caused harm to his person and character.
According to 14.27. of the Liberia penal law regarding Criminal coercion, a person is guilty of criminal coercion if, with the purpose unlawfully to compel another to engage in or refrain from conduct, he threatens to:
(a) Commit any criminal offense; or
(b) Accuse anyone of a criminal offense; or
(c) Expose any secret or publicize an asserted fact tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute.
It is an affirmative defense to prosecution based on paragraphs (b) or (c) of paragraph 1 that the actor believed the accusation or secret or asserted fact to be true and that his purpose was limited to compelling the other to behave in a way of the accusation or exposure as by desisting from further misbehavior, making good a wrong done, or refraining from taking any action or responsibility for which the actor believes the other disqualified.
Criminal coercion is a misdemeanor of the first degree. A person found guilty may pay a fine of 300 or may be committed to prison for a period of one year.
Meanwhile, the trial is set to continue on Monday, June 4, 2018, a schedule sought by the prosecution.
The Press Union of Liberia reiterates that it is meticulously monitoring the weird criminal coercion court action against Journalists Eric Oldpa Duoe, Saturday Jududoe, and Stanley Wrehdyu of Echo Radio in Rivercess County.
The Press Union of Liberia sees the court’s action against members of the Journalism Community in Liberia as the commencement of a ploy to intimidate journalists in the south- central region of Liberia through a difficult legal form of action.
It is unacceptable that the rights of journalists and media workers are continuously being violated through different court actions, the Union stresses.
On Monday, 9th April, the Office of FrontPage Africa (FPA) was raided on the orders of authorities of a Monrovia Civil Law Court when sheriffs arrested all the papers’ employees including cleaners and an expediter.
Moreover, the Press Union of Liberia is most respectfully drawing the attention of the Supreme Court of Liberia and the Liberia National Bar Association to the situation in Rivercess.
Liberia signed the Table Mountain Declaration on 21, July 2012 vowing to repeal criminal defamation or ‘insult’ laws. Almost six years on, journalists are still being harassed, frightened and persecuted by meanly political leaders of the country using criminal defamation as means of silencing critical voices.