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In Ex-Speaker Koffa, Others’ Capitol Arson Case: Criminal Court Judge Re-Schedules Motion To Suppress Evidence

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By Garmah Never Lomo, garmahlomo@gmail.com

Ex-Speaker Kofa along with others were indicted for the crimes Aron, Criminal Attempt to Commit Murder, Criminal Mischief, Criminal Conspiracy, Criminal Facilitation, Release of destructive forces, reckless burning of exploding, Criminal Solicitation, Recklessly endangering others. 

TEMPLE OF JUSTICE, Monrovia- Criminal Court “A” Judge Roosevelt Z. Willie has re-scheduled the ruling into the motion to suppress evidence for next week Wednesday, September 24,2025.

Defense Lawyers recently filed the pre-trial motion.

It was filed on behalf of defendants J. Fonati Kofa, Dixon W. Seboe, Jacob C. Debbie, Kivi Bah alias Kaba, Jerry Pokah alias Tyrese, Stephen M. Broh, John Nyanti. Patience Bestman, Harrilyn Grace Johnson. Abu Kamara. Christian Kofa, Eric Susay. Thomas Isaac. Etheridge and otehrs to be identified.

Ex-Speaker Kofa along with others were indicted for the crimes Aron, Criminal Attempt to Commit Murder, Criminal Mischief, Criminal Conspiracy, Criminal Facilitation, Release of destructive forces, reckless burning of exploding, Criminal Solicitation, Recklessly endangering others.

The NOTICE OF ASSIGNMENT reads, YOU ARE HEREBY COMMANDED TO NOTIFY THE PARTIES AND/OR THEIR COUNSELS IN THE ABOVE CAPTIONED CASE TO APPEAR BEFORE THE FIRST JUDICIAL CIRCUIT, CRIMINAL ASSIZES “A”, FOR MONTSERRADO COUNTY, REPUBLIC OF LIBERIA, SITTING IN ITS AUGUST TERM, A.D. 2025, AT THE CIRCUIT COURT HOUSE, TEMPLE OF JUSTICE BUILDING, MONROVIA, LIBERIA, ON WEDNESDAY, the 24th DAY OF SEPTEMBER A.D. 2025 AT THE PRECISE HOUR OF 11:00 AM. THAT IS TO SAY:

FOR FINAL RULING THE MOTION TO SUPPRESS EVIDENCE 

“ARE FURTHER COMMANDED TO SERVE THIS NOTICE OF ASSIGNMENT BY LEAVING A COPY WITH EACH HE CONCERNED PARTIES OR THEIR COUNSELS AND HAVE THEM SIGNED FOR SAME, AND YOU WILL, BEFORE, MAKE YOUR OFFICIAL RETURNS ON THE BACK OF THE ORIGINAL COPY AND ENDORSE ON YOUR SIGNATURE, AND HAVE SAME FILED IN THE OFFICE OF THE CLERK OF THIS HONOURABLE AND HAVE YOU THERE THIS NOTICE OF ASSIGNMENT:” 

The ruling was initially scheduled for Thursday, September 18,2025 but what triggered the change is yet to be known.

On September 10,2025, Criminal Court Judge Roosevelt Z. Willie named the AMI Expeditionary Healthcare medical center to conduct a medical examination on five of the defendants in the ongoing arson case who alleged state securities mainly from the National Security Agency and Liberia National police of torture and sodomies.

Those who are expected to go through the medical examination are Christian Kofa, John Nyanti, Thomas Isaac Etheridge, Stephen M. Broh and Eric Susay.

The medical facility selected by Judge Willie met a rejection from the defense team on grounds that its an extension of JFK.

“Judge Willie, the AMI Expeditionary Healthcare Medical Center located on 1st Street, Tubman Boulevard, Sinkor, Monrovia, Liberia, opposite the United Nations Building is hereby selected by this Court for the Defendants to be proceeded there by the prison authority to conduct their medical examination for torture and sodomy.”

He stated that he AMI Expeditionary Medical Healthcare is an internationally acclaimed institution and operates in several countries to include but not limited to the United States of America (USA), South Africa, Sierra Leone, Liberia, etc.

The Court further states that a communication from this Court will be written to the said institution for this examination to be conducted and results forwarded to this Court on or before Wednesday, September 17, 2025 at 3:00pm. The Court also hereby orders that the Ministry of Justice will underwrite the cost of these examinations.

Following the rejection of the John F. Kennedy medical center by the defendants on grounds that it is a government institution through an advice from their lawyers, Judge Willie told the defense team “you do not tell your clients not to obey the order of the Court because you have remedy at law”, by going to the Supreme Court through a Writ of Certiorari or Prohibition.

Only the Supreme Court will stop us that there is an issue and do not implement it until we can look in the matter. Conversely you can go and challenge the result that you are not satisfied with the result just as is done in an autopsy and the Court will allow that, the Judge added.

“Let me also state the reason why this Court chose the JFK Medical Center, this Court has all of the time taken Defendants especially pretrial detainees or inmates at the Monrovia Central Prison whenever they have medical problem to the JFK Medical Center or the Redemption Hospital and according to the Ministry of Justice through the Monrovia Central Prison, they said that they have insurance coverage for inmates at that place” Judge stated.

He further, doing medical examination at JFK, does not necessarily mean that their findings is final because whosoever appears before this Court has a right to challenge any result especially medical result or as I stated alternatively go to the Supreme Court for us to put halt to what we supposed to do until we can go into the matter.

The Judge said, based on the report of the Sheriff in which the defense instructed their clients to abandon the medical examination at JFK and given the fact that report says the following lawyers that were here during the last sitting when the order was given to include Cllr. Arthur T. Johnson, Cllr. M. Wilkins Wright, Cllr. Jonathan T. Massaquoi, Cllr. J. Quiwoe Dennis, Cllr. Siafa Mai-Gray, Cllr. James N. Kumeh are hereby held in contempt and fined US$100.00 (One Hundred United States Dollars) each and Atty. Wilma Blaye Simpson is fined US$50.00 (Fifty United States Dollars).

This amount should be paid into the Judiciary Account on or before Tuesday, September 16, 2025 at 2:00pm and the receipt therefrom be provided to the Clerk of Criminal court “A” or any of his assistants in the Clerk Office. Again, you are to pay US$100 each on or before the 16th of September, A.D. 2025 at 2:00pm in the Judiciary Account.

According to Judge Willie, the case cannot be proceeded forthwith if the Prosecution agrees to an Independent Medical Examination because it is one of the grounds or reasons for which we have not made the ruling in the Motion to Suppress because. This Court stated that all of the grounds beside torture and sodomy are legal ground and we can find the law but the one that has to do with factual issue, the medical doctor will have to tell us whether the allegation is true or not; and therefore, we cannot proceed according. What is more troubling is the report from the Sheriff and every lawyer knows that the report of the Sheriff is considered to be true except otherwise proven negative.

Meanwhile, as per the assertion of the Prosecution that they interposed no objection to the Movants/Defendants’ Motion for an independent medical examination, this Court hereby grants the same to the Movants/Defendants.

The report of the Sheriff that is signed by the Director of the Monrovia Central Prison says that when the Defendants were told to proceed to the JFK Medical Hospital for the examination as alleged, the Defendants told them, meaning the Authority of the Monrovia Central Prison that their lawyers have told them not to go to the JFK Medical Hospital because it is a government hospital, and this can be verified by the Motion filed by the lawyers of the Defendants that they prefer any other hospital beside the John F. Kennedy Medical Hospital.

He asked, so then, do the lawyers of the Defendants comply with the order of the Court? The answer is no, based on the facts as stated.

In this jurisdiction when the Court gave an order it must be obeyed or challenged through the Supreme Court; meaning that, you can go to the Supreme Court and tell the Supreme Court that the Judge of the lower Court made a ruling or order so we are asking the Supreme Court to put a halt on this because we do not trust the JFK for other reasons or as in this case, they should have gone to the JFK Medical Center and let the examination be conducted and filed a Motion as they are doing now to this Court that you challenge the report based on the result of the report maybe it could be in your favor but if not, you can file a motion to this Court challenging the result and therefore we are requesting as you have done but you do not out rightly refused to obey the Court, no lawyer does that and go free; because if we allowed that, it will continue in this Court over and again.

However, prosecution interposed no objection to the defense motion for an independent medical examination.

Meanwhile, the defense team headed by Cllr. M. Wilkins Wright disagreed with the judge selection of the AMI Expeditionary Healthcare Medical Center on the following grounds below;

  1. As to the fine imposed on the lawyers of the Defendants, where the ruling was based on mere hearsay allegations and not properly investigated by the Court as to the conduct of the lawyers of the Defendants.
  1. Secondly, the Defense excepts to that portion of Your Honor’s ruling designating the Medical Facility of AMI because the AMI is an existing contract facility of the Government of Liberia by and through the Ministry of Justice and the Liberia National Police and to prove this, when Co-Defendant Thomas Etheridge was arrested, tortured and compelled to confess, he collapsed and he was taken to AMI and AMI determined that he collapsed due to malaria despite the torture and beating he has received.

Therefore, the Defense excepts to AMI because AMI is the same as JFK and the Defendants do not trust the integrity of the AMI Hospital. The Defense requested Your Honor to an independent examination by any independent facility not connected to the Government of Liberia, AMI and JFK are both connected to the Government and the fact that the Prosecution interposed no objection to the Motion as filed.

  1. Thirdly, the Defense excepts to the report or the return read by the Sheriff because the Returns are not those of the Sheriff but the report of the Superintendent of the MCP who was not brought to testify to his return and therefore the same constitutes hearsay evidence. The Defense also excepts to the Sheriff return of being false and misleading in that, the order was not served on the Defendants or their lawyers so that their lawyers are now being punished unjustly.

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