Criticizes Liberia’s Justice System But Richards’ Lawyer Says “Justice Has Been Served”
PHOTO: Alleged victim Jessica Lloyd (above right in blue attire) after the Court ruling Wednesday alone with her family and (below left) defendant Lucas Richards being escorted by his lawyers to a vehicle
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Criminal Court “B” Judge Nelson Chineh today, Wednesday April 17,2024 set Lucas Richards, an American Missionary free from answering to the crimes of Aggravated Assault and Criminal Attempt to commit murder as was charged in an indictment by the Liberian state.
After Judge Chineh’s ruling, tension erupted outside the court on Capitol Hill with some family members and friends of Jessica expressing anger, something that caused the US citizen’s lawyers to whisk him off in a waiting vehicle.
But his Liberian wife, who he had allegedly attempted to murder his Liberian wife, Jessica Lloyd outside Monrovia last year, broke down in tears claiming that she has not been given, describing the country’s justice system as bad. Richards’ Lawyer, Cllr. Jimmy Bombo however told Journalists that “justice has been served”.
In his ruling Judge Chineh said, “it is the holding of this court considering the facts, circumstances and laws controlling, the defendant is hereby adjudged not guilty of the crimes.”
“The defendant is hereby ordered discharged from ever answering these charges and his bail bond ordered if any returned; the judge further ruled”.
Meanwhile, the trial was a bench trial where the Judge served as both Judge and juror.
On December 14,2023, the government of Liberia indicted defendant Lucas K. Richards with the commission of the crimes Aggravated assault and criminal attempt to commit murder, felonies of the second degree.
On February 22, 2024, defendant Richards filed a motion to the court requesting Judge Nelson Chinneh to grant his motion to be treated abroad.
Defendant Richards was arrested, charged and indicted by the Grand Jury of Montserrado County based on two charges to include Criminal Attempt to Commit Murder and Aggravated Assault. Court Denies American Citizen Accused Of Attempt To Murder From Leaving Liberia – News Public Trust
According to the indictment, on September 14,2024, the defendant herein injected and dosed the private prosecutrix, Jessica Lloyd with unknown substance with an intent to abort her third month of pregnancy.
The State further alleged that the indictment the defendant having noticed that the private prosecutrix was helpless and weak as a result of the dosed and injections took advantage of her on September 14,2023 at about 1500hrs around the palm farm community, Township of Dixville, Montserrado County, Republic of Liberia, the defendant with Criminal intent struck Jessica Lloyd on her forehead and when she fell on the ground and became unconscious, you the defendant got on her unconscious body and began to slash her throat with knife, in an attempt to kill her.
Justifying his ruling, Judge Chineh said, it not disputed that the private prosecutrix sustained injuries on September 14,2023, while she was out with the defendant herein for a ride.” The place and time when the injuries were sustained are also not disputed the Judge noted”
“He added that the only unanswered question is who inflicted the wounds on the victim, Jessica Lloyd”
However, Judge Chineh noted that during the trial of the case there were claims and counter claims, which require thorough investigation by his court.
One of such said claims according to Judge Chineh is that the state is alleging that the wounds were inflicted by the defendant herein while the defendant, as well as some of the angry crowd are alleging that the wounds were inflicted by another person.
Also Judge Chineh said, some angry crowd that wounds were inflicted another person particularly Ernest Philip the boy who was allegedly beaten by some of the angry crowd.
According to Judge Chineh, The evidence before the court speaks to two persons been beaten by the angry crowd, defendant Lucas Richards and Ernest Philip.
Jessica Lloyd and Lucas Richards when they were in love
At the same time, the Judge also said, Ernest Philip is accused defendant Lucas Richards of the being the perpetrator of the crimes.
Citing the case, Gussie vs, RL 28LLR276(1979) during his ruling, the Jusge said evidence which might have supported the charge against defendant and could have been used, must be produced at the trial or the defendant will be acquitted.
According to him, it is an established law in this jurisdiction that the best evidence which the case admits of must always be produced; that is, no evidence is sufficient which supposes the existence of better evidence. Bah vs. RL, 36LLR541(1989).
The Judge further ruled that Jessica Lloyd who testified as general witness told the court that she went off when she was hit and never knew that she was wounded. But when she asked to serve as one of prosecution witnesses Jessica said, Jessica was quoted as saying, there was no motorbike hit me.
“It was only Lucas and I in the car and he asked to help him fix the back tire, while helping him, he hit me from the back of my head and when I fell to the ground trying to wake up and defendant Richards pushed me back to the ground and he started to slay my neck and now you can see the mark on my throat, and if he is saying that I was hit by a motorbike, why my legs are not broken, why I was not treated for any bruises on my skin, there is no mark on my skin and if he says it is motorbike what is he still saying to his lawyers for us to come to his office to give us the amount of US$10,000, that is a wicked man and he wanted to kill me like chicken, he is worse than the devil.
But addressing himself to Jessica two separates statements, the judge explained for a victim who was unaware of happening around her to become accounting for things that happened to her while she was still in her state of unconsciousness is unusual. He continued that state witness by a third party.
“ Secondly, she claimed that there was no motorbike at the scene of the crimes before and after the commission of the crimes . Contrary to her assertion, the other state witnesses, Ida Jackson Blamo and Ernest Philip testified to the effect that witness Ernest Philip got on a bike to chase after defendant Richards escaped from the scene.
Judge Chineh further explained that the prosecutor witnesses speaking to the act of the defendant were not present when the act occurred.
The judge said one of the state witnesses Ida Jackson Blamo, she testified that “I was sitting at my shop looking across the road and I saw him and he got down from his car and started to look under his car and later I saw my neighbor son crossed the road running and started saying your come ooh the man killing the girl so we ran there and when we got there, we saw Jessica and this white man but this man came from the bush first and we saw Jessica bleedings from her neck.
Judge Chineh also explained that from the records the principle witness maintained that the defendant did nothing to her.
“ This evidence out weight all other evidence speaking contrary, more especially in the absence of any evidence that this admission was made under circumstances manifesting threat, fear or inducement”. If it is argued that she was unconscious and therefore her testimony need not to be credited than who testimony will corroborate witness Ernest Philip testimony.
“ Generally, hearsay evidence is not admissible”.
The Judge also ruled by saying, “therefore, one can conclude that what she is saying, after regaining her consciousness, regarding happening around her while she was in her state of unconsciousness is what she was told by a third party.
He noted that The credibility of witnesses and weight to be given to their testimonies are matters for the court sitting enbanc to determine before reaching a judgment.
Furthermore, Judge Chineh added The admissibility of evidence is with court, but it’s credibility and effect with the jury. Simpson vs RL 3 LLR 300 (1932). In criminal case, the evidence must be corroborated to be weighty and reliable. Uncorroborated evidence are insufficient to convict a defendant.
The Criminal Court “B” presiding judge narrated that The lone testimony of the eye witness, Ernest Philips without any corroborating evidence linking the defendant to the crime is insufficient to sustain the indictment. Even the holy bible speaking to corroboration says that from the mouth of two of or three witnesses, ye shall establish the truth, St. John 8:17.”
He claimed that the testimonies of Jessica Lloyd vary from one stage to another, “for instance, before the eye witnesses at Palm Farm Dixville, Jessica Lloyd stated Lucas Richards did not do anything to her.
Secondly, when she appeared as general witness, she testing that when she woke up and was coming out of the dish, she never knew that she was injured or bleeding until one of the ladies who came to her rescue when to her to tie a cloth around her neck to stop the bleeding.
When she appeared as prosecution’s rebuttal witness, she said that Lucas Richards hit an iron on her head and subsequently attempted slaying her throat. She also said that she never knew that Lucas Richards wanted to kill her until he pulled of from the Crime scene.
The variance in Jessica Lloyd testimonies is glaringly. The court defined variance as a difference or disagreement between two parts of the same proceeding which ought to be in the consonance.
Yates et al vs RL 2016. The Supreme Court of Liberia held in the case Gissie et al vs RL 28LLR276 1979 that variance in the prosecution’s evidence must be operated in favor of the accused.”
“Throughout the entire proceeding, prosecution neglected to produce the criminal instrument that were used in the commission of the crimes charged as well as evidence that are capable of supporting allegations and or charges in the indictment.
Despite the defense application requesting for the bills of particulars, the state failed to account for the knife and iron that was allegedly used by the defendant in the commission of the crimes of Aggravated Assault and Criminal Attempt to Commit Murder,” Judge Chinneh concluded.
Meanwhile, Cllr. Jimmy Saah Bombo in association with the Public Defense office represented the legal interest of defendant Richards now acquitted. While Cllr. Tiawon Saye Gongloe and other state prosecutors represented the state.