By Garmah Never Lomo, garmahlomo@gmail.com
FISHTOWN, RIVER GEEE, Liberia- The resident Judge of the 15th Judicial Circuit Court George W. Smith has reserved ruling into another Change of venue motion filed by the defense counsel Atty. Amos Nyenatoh in the Barrobo murder case in which three men were allegedly brutally murdered in Liberia’s southeastern Maryland County.
The men are on trial for allegedly Slaughtering three men in rock town, Barrobo statutory District Maryland County are Chea Karmanue, Cyrus T. Doe, John T. Tweh, Toe Dargba, Moses Chea, Sam Gboguee, David Weah and Solomon Weah. They were indictment by the ground jurors during the November 2019 term of court for the crime of murder, criminal conspiracy and Criminal facilitation.
In September 2nd of 2019, three men including the General town Chief were gruesomely murdered over witchcraft allegation in Rock town, Barrobo Statutory District, Maryland County.
The five-count motion on Wednesday, November 18,2020 filed by the Defense lawyer requesting the court to transfer the matter to Grand Kru County. But the judge reserved ruling of the motion for Monday, November 23, 2020.
The first motion was filed by the prosecution Lawyer from MG.ryland to River Fee that the defendants were arrested by the Liberia National Police in Rock town in the District of Barrobo, Maryland County on the 3rd of September 2019,
The Defense Counsel motion said the suspects were subsequently, forwarded to the 4th Judicial Circuit Court from wherever they were brought to River Gee county for reason of change of venue prayed by the state and granted by the court.
The motion said motion that the change of venue never met the consent of the defendants as required under Chapter 5, section5.70 of the Criminal procedure law, the public defenders assigned in Maryland County did not interpose no objection to the application of the state as evidence of the records emanated from the 4th Judicial Circuit Court.
Count two of the defense lawyer’s motion further say that they have been informed and had prior knowledge of the application for change of venue, they would have requested the court in Maryland County for the trial of their case to be held in Grand Kru County which, in the minds of movants, is the nearest jurisdiction as compared to the 15th Judicial Circuit Court.
Further above and to incorporate count one and two, movants aver and say that they vehemently oppose to the trial of their case in this County( RiverGee) on ground that most of their villages and towns in Barrobo share common boundaries with villages and towns of River Gee county as such, almost all their kindred are found in this part of the county especially so in Joequiken City and other surrounding villages and towns doing gold mining for these reasons as stated above, movants harbor an incredible fear of local prejudice were the trial of the proceedings will be held in River Gee county.
The movants also believed that if the case remains in River Gee County, they won’t get fair and impartial trial in the county selected because of local prejudice feelings and opinions. They believed that the county selected by the state for the trial of their case is emotionally charged and sentimentally charged. And said there is reason to believe that an impartial trial cannot be held in River Gee County if the motion is denied.
The movants or defendants therefore prayed the court to grant their change of venue in order to satisfy the purpose and intent of Justice and due process and cited the following Chapter 25, section 25.1 of the Civil procedure law and Chapter 5 section 5.7(a)(b) of the Criminal procedure law of Liberia. In resisting the defense lawyer motion, state prosecutor headed by Cllr. Wesseh A. Wesseh, Assistant Minister for Litigation at the Ministry of Justice filed a seven count against said motion.
Count four of prosecution resistant takes into consideration count two and three of movants/ defendants motion which prosecution says that the said counts must be ignored, denied and dismissed because the reason stated there in are unfounded and baseless because Grand Kru County where the movants or defendants seek to have the case transferred makes no difference in several towns with villages from Barrobo Statutory District, which is in Maryland County.
As such, it said that reasons given should be denied as prosecution also feel prejudice to have the case transfer to Grand Kru County because the Grand Kru County where the defendants want to have the case transfer was in recent time being involved in rigmaro or tribal dispute with the Ministry of Justice and the Internal Affairs Ministry on one hand and tribal people on the other when it comes to the administration of Justice.
Further to count two and three of state prosecutor’s resistant to movants /defendants application for Change of venue respondent says that the essence of change of venue must always be balance even though it is defendants in many Supreme Court opinion have that exclusive rights as indicated in the case Darpal and All vs George Williams and all (2013) which said right was recently upheld in the Oliver Dillion vs Republic of Liberia during the March 2020 term of court of the Supreme Court of Liberia. However, prosecution says it will interpose no objection to the said application to have a second change of venue in these proceedings instigated now filed by defense lawyer. Prosecution further request the court to deny the reason stated in count three of movants motion which among other things that most of towns and villages of Barrobo are close to RiverGee county. In furtherance to prosecution resistant…
In furtherance to prosecution resistant, which according to movants especially Joequiken City, prosecution says that said reasons given by defend lawyer count three is intended to mislead the judge and court because majority of the towns and villages in Barrobo are located on boundaries of Grand Kru County.
The September 1st and 2nd, 2019 indcident that led to brutal and wanton Killing of Isaac Saylee general town Chief of Rock Town, Barrobo District along with his two council members over witchcraft allegation.
State Prosecutor’s resistant to said motion revealed that six of the defendants who were allegedly part of the killing escaped towns and villages in Grand Kru County and prosecution further informed court that if the matter is transfer in Grand Kru they won’t fair trial.
Narrating further, prosecution Grand Kru County does not have detention centers except police station in Barclayville, because all the pre-trial detainees from Grand Kru County are kept at the Harper correction palace.
The state then prayed court to dismiss, deny and throws out defense motion of change of venue and prayed court to have the case transfer to Grand Bassa County where everyone will be satisfy and have easy access to their witnesses.