PHOTO: Culprit Malaska Brooks (in red and white) leaving Criminal Court A
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Criminal Court “A” has sentenced the Principal of the Christian International Academy, Malaska Brooks to three years in jail for chopping off four fingers of her former employee fingers.
But the defense Lawyers on Wednesday, July 7, 2021 announced an appeal to the Supreme Court sitting in its October term of Court.
During her sentencing of Madam Malaska Brooks, the court said she has the intent of chopping her former employee fingers therefore the issue of self-defense cannot hold as she claimed.
Self-defense could only hold, if the victim had deadly weapon in his hands and made an attempt or she was being placed in eminent danger, the court said.
After she was Unanimously found guilty by jurors serving as trial of facts at Criminal Court A headed by Judge Roosevelt Z. Willie in the aggravated assault and criminal conspiracy case, her lawyers on July 2, 2021 filed a motion for new trial on ground that the Unanimous guilty verdict was contrary to the weight of the evidence aduced during trial but the Court denied said Motion after twenty minutes of arguments from both sides.
The unanimous guilty verdict against Defendant Malaska Brooks was hand down on Monday June 28, 2021.
The defense lawyers relied on Chapter 22.1 of the Criminal procedure law of Liberia.
Procedure on the new trial.
If a new trial is granted, it shall proceed in all respects as if no former trial had been had. A defendant who has been convicted of a lesser degree of an offense than that charged in the indictment, may on retrial be convicted of the offense that was charged; but a defendant against whom several offenses have been expressly charged in the same indictment may not on retrial be convicted of an offense charged in the indictment of which he was acquitted on the first trial. The former verdict or finding shall not be used or referred to in evidence or argument on the new trial.
Accordingly to defense lawyers, during the trial, state prosecutors didn’t establish intent as being stated in their indictment.
The defense further argued that his client was in self -efense of her life and the Jurors verdict was a sympathy verdict but not based on the fact or evidence aduced during trial.
In arguing their side of the motion, state prosecutors said before a verdict is set aside, there are elements one must meet.
There must be a misconduct on the part of the jurors or judge.
When a new evidence is discovered, among others.
Prosecutor also argued that the principle of self-defense states that the force used by the aggressor should be equal to the force used by defendant or accuser but in this case the Victim has no weapon in hands.
State prosecutor therefore prayed the court to deny the ill feted and unconditionally dismiss said motion and grant unto the state all legal and equitable rights that might be just and legal.
But the defense counsel announced an appeal and gave notice to court that it will take advantage of the statute controlling.
During the trial proceedings, state prosecutors produced six witnesses, which includes five regular and one subpoena witnesses.
While, the defense lawyers produced four witnesses.
However, the Court ordered the clerk to write the probation division of the Ministry of Justice to investigate the character of the defendant and report to the court on or before Friday July 2, 2021.
The Court says said investigative report on the Defendant will enable the court to make an informed decision of sentencing the defendant.
Sentencing hearing and subsequent sentencing of the Defendant is slated for Monday July 5, 2021 at 10am.
The Defendant was indicted by the Grand Jury of Montserrado County during the February 2020 term of court on nine counts.
That on the 27 of December 2019, defendant Malaska Brooks and her son, Co-defendant Peter Brooks to be identified were arrested by officer of the Liberia National Police, investigated and charged for their collective involvement into to commission of the crimes of Aggravated Assault and Criminal Conspiracy respectively against private prosecutor, Amos Carngbe and the peace and dignity of the Republic of Liberia.
That in the area of Kebbah community, township of Bardnerville, Montserrado County, Republic of Liberia same being Saturday the 26th of December A.D. 2020 at 1400hours, Co-defendant Malaska Brooks called and requested to see private prosecutor at her residence. That upon said request, and at about 2100hours, private prosecutor who is also an employee of defendant’s institution; Christian International Academy (C.I.A), went to defendan’s compound and yard, knocked at the fence’s gate and entered same.
Thereafter, Co-defendant Malaska Brooks came out immediately and made these remarks: here is Mr. Carngbe that I have been talking about, your beat him. Hence defendant Malaska Brooks, Peter Brooks and other to be identified, with Criminal minds, purposely, knowingly, intentionally,jumped on private prosecutor Amos Carngbe beat and battered his body, took deadly weapons believed to be cutlass and knife and begin to gradually chopped the said private prosecutor and cut off three left and right fingers.
Thereby, causing severe bodily injuries on said private prosecutor body, at the same time, paralyzing private prosecutor normal function on the date and at the place mentioned above. There and then the crime of Aggravated Assault was made by defendant Malaska Brooks, Peter Brooks and others to be identified did do and commit.
Aggregate Assault:
A person is guilty of Aggravated Assault if he
- a) Causes serious bodily injury to another purposely, knowingly or recklessly; or purposely or knowingly bodily injury with deadly weapon.
- b) A person engages in conduct purposely if when he engages in the conduct, it is his conscious, objective to engage in conduct of that nature or cause the result of that conduct.
A person engages in conduct purposely if when he engages in the conduct, it is his conscious, objective to engage in conduct of that nature or cause the result of that conduct.
Bodily injury means physical pain, illness or any impairment of physical function.