By Garmah Never Lomo, garmahlomo@gmail.com
The 13th Judicial Circuit Court in Kakata, Margibi County presided over by it assigned judge Yamie Quiqui Gbeisay has ordered an Lebanese national identified as Rocky Ahmar to pay a US$250K for damages in a love relationship that went sour.
This contains punitive and consequential damages, after a unanimous guilty verdict against the defendant.
According to a court ruling delivered on Thursday, December 30,2021, during the August A.D. term of court, the plaintiff filed an action of damages for wrong against the defendant Rocky Ahmar, in which she alleged that she and the defendant entered into love relationship in the year 2009, something that resulted into pregnancy.
But the defendant denied the claimed and rejected her pregnancy.
Further to her complaint, the woman alleged that after delivery with a girl child, the child was constantly sick and she struggled to take care of the child from birth for years, but the defendant denied said allegation.
The trial commenced on December 8, 2021 at the 13th Judicial Circuit Court in Kakata Margibi County.
The plaintiff in the case took the witness and testified in court that in 2009, she entered in the defendant’s store to purchase some goods. And while in the store, a love conversation began between both of them, and defendant she accepted his love proposal.
After few months into their love relationship, she got pregnant. And when she discovered that she was pregnant, she said she visited the defendant to inform him about her pregnancy but the defendant disowned her pregnancy.
She added that after her pregnancy was disowned by the defendant, she along cared for her pregnancy until she give birth on June 2,2010 with a girl child and named her Abigail Ahmar. But when the child was three months old she visited defendant with the child but again the defendant disowned the child, she further narrated.
After the first visit, she again visited him with the child where she and the child were placed in a police cell on the order of the defendant.
Narrating further, the plaintiff said that she made several visits with the child but the defendant failed, refused and neglected to support the child.
During one of her visits at the defendant home, the defendant took her to the magisterial court and the then magistrate threatened the plaintiff and warned her to stay away from the defendant with the child.
The plaintiff in her testimony also said that the child was always sick and the defendant refused and neglected to support his own child which led to take the matter at the Gender Ministry in 2020 for intervention.
At the Ministry, the defendant was ordered to pay IS$50 to the plaintiff for upkeep of the child but how be it, the defendant again refused to do what the Gender Ministry told him to do until the persistent nonsupport was filed against the defendant at the Monrovia City Court. There, the Magistrate again compelled the defendant to pay the six months arrears ordered by the Gender Ministry.
Upon the payment, defendant challenged the jurisdiction of the Monrovia City court and case was transferred to Criminal Court B at the Temple of Justice where her Honor Ceaineh Clinton Johnson ordered the defendant to pay the amount of US&150 each month for the child’s upkeep and further ordered a DNA test since the defendant challenged his paternity to the child.
However, the defendant again failed, refused and neglected to pay the amount ordered by the Honorable court.
The defiant behaviour of j defendant annoyed the court and that the amount of US$150 be paid for the DNA test. The second US$550.00 defendant paid was arrears for upkeep of the child from October 2020-February 2021. With a total amount of US$750 and the defendant paid some of the arrears.
DNA result proved positive
The DNA was done and the result proved 99.9999% that the defendant is the biological father of the child even though at the DNA report was filed with the court, the child had died. Plaintiff said because of the failure, refusal and neglect of the defendant to provide support for his child being treated for pneumonia, tuberculosis and HIV for ten years resulted to the untimely death of the child.
The plaintiff second witness Rachelle J. Harris a clinician at the ELWA hospital took the stand testified that the child was suffering from HIV but she said HIV is not a death sentence most when the patient is taking his or her medicine and eating nutritional food but unfortunately said support was not given.
Defendant Rocky Ahmar testified that he met the plaintiff Anna Flomo in 2010 and slept with her one time but he didn’t see her until he received a call from the magistrate of the Kakata Magisterial court in 2011.
According to him, the magistrate asked him to pay L$15,000.00 until the case is heard and determination is made.
But document exhibited by him says that it is a clearance given to him waiving all claims against him by the plaintiff.
Defendant also informed court that all expenses he made on the child in 2020 when an action of persistence nonsupport was filed against him in about US$4,000.00 but on the contrary, the defendant exhibited US$300.00 receipt payment of six months US$540.00 for DNA test and L$63,715.00 was medical expenses and no more.
However, the plaintiff, Anna Flomo produced two witnesses excluding herself, while the defendant produced two witnesses during the trial.