By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Criminal Court ‘A’ Judge Roosevelt Z. Willie at the Temple of Justice has dismissed four charges against controversial Montserrado County District #10 Representative Yekeh Kolubah, saying that State prosecutors made wrong charges.
But the Court at the weekend upheld the charge of Kidnapping, until the Defendant Kolubah can take the witness stand to exonerate himself with sufficient and convincing evidence.
The opposition Lawmaker is a member of the Alternative National Congress (ANC).
On June 5,2019, Rep. Kolubah was linked to those crimes label above to manhandled Emmanuel Freeman for his refusal of June 7,2019 protest T-SHIRT and leaflets. He allegedly refused on grounds that those who organizing the protest should bring their family from above to found part of the protest before he can be a part.
Charges dismissed against Rep. Yekeh Kolubah are Criminal attempt to commit murder, aggravated assault, Criminal facilitation and solicitation.
Recently, lawyers representing the Montserrado County District #10 Lawmaker, Cllr. Findly Kangar and Jimmy Bombo filed 18 counts motion of acquittal on behalf of the Defendant, because there were variances in the testimony of state witnesses.
In resisting said motion, prosecution argued that state witnesses testimonies linked defendant Yekeh Kolubah to the crimes as stated in the indictment and said that the testimonies of its witness was never contradictory.
Defendant Kolubah should take the witness stand to exonerate himself from crimes against him and asked court to deny and dismiss motion defendant motion of acquittal.
The Court therefore listened to legal argument between the State and Defense lawyers on Wednesday of last and reserved ruling into the motion.
The Criminal Court ‘A’ Judge ruling into the motion said, Rep. Kolubah and his former body guards were indicted during the August term of court on 28 August 2019 for the commission of crimes aggravated assault, criminal attempt to commit murder, criminal facilitation and solicitation.
Judge Willie maintained that when the case was assigned on last Monday, it was time for defendant Kolubah to take the witness stand and testified in his own behalf, he file a motion of acquittal relying on section 20:10 of the Criminal procedure law.
The motion filed by the defendant Kolubah’s Lawyers raised two issues. They said having listened to argument from both parties, along with law citations, they asked:
Did the evidence produced by state prosecutors directly link defendant Yekeh Kolubah to all of the crimes as charged in the indictment?
From the definition of the crimes of aggravated assault and criminal attempt to commit murder as found in the penal law of Liberia in section 14.20 and 10.1 respectively, the Lawyers said defendant Kolubah was never linked directly by any of the witnesses who testified for the state.
According to private prosecutor, Emmanuel Freeman who testified to the effect that he was arrested by Abu Keita and other bodyguards on order of Rep. Kolubah for allegedly stealing defendant Kolubah iPhone, he did not say Rep Kolubah beat on him.
Other witnesses, who testified for prosecution to include Abu Keita and Frank Morgan told court that it was they mercilessly beat, hand cuffed and dragged victim Freeman to Rep. Kolubah’s fence.
Keita and Morgan, who are former bodyguards to Lawmaker Kolubah, stated that they were instructed to bring Emmanuel Freeman at all cost but what they didn’t say corroboratively is that at all cost meant to beat Emmanuel Freeman, dragged, wounded him severely and hand cuffed him.
Judge Roosevelt Z. Willie then ruled that Rep. Kolubah is acquitted from the crimes of aggravated assault, criminal attempt to commit murder, criminal facilitation and solicitation.
He is however not acquitted of the crime of kidnapping until he can take the witness stand and exonerate himself with sufficient and convincing evidence to prove otherwise.