By Garmah Never Lomo, garmahlomo@gmail.com
HARPER, Liberia- The surprise release from jail of a defendant in a murder case in the 4the Judicial Circuit Court has sparked a debate in the southeastern county of Maryland, about 403 kilometers from Monrovia.
Some family members of Yao Seshie who was allegedly murdered have expressed concern over this development, questioning both the Judge and the public defender.
The Judge recently ordered the release of defendant Catherine Seshie.
Defendant Catherine Seshie was indicted during the August term of court for the crimes of murder and tempering with physical evidence.
On July 27, 2020, the corpse of a Togolese national, age 54 Yao Seshie was discovered in his bathroom tub lying in a pool of blood in Harper city by his surrogate daughter (Musu Wilson) who raised alarm about the situation. At that time, the named defendant was informed via mobile phone. And upon her arrival, she is said to have unlawfully and illegally walked in and entered the crime scene and took the knife out of his body and reserved it.
What seemed to be the weapon used was also allegedly removed from the original position where the crime was committed at first and also tempered with the body by dispositioning the body by playing with it.
Last Thursday, the Court presided over by resident Judge Nelson T. Tokpa released the defendant Catherine Seshie, following a motion to admit to bail filed by the public defenders Atty. Joshua G.K. Odoi and Atty. Adolphus Taylor.
In the ruling, the court said given the facts and circumstances in the case, that proof is not evident and presumption is not great that defendant Catherine Seshie is guilty of the crime of murder. The resistance to the bail motion was denied.
Defendant Catherine Seshie had told the court that she was not able to kill her husband, therefore pleading to be placed on bail.
In the three counts motion filed to admit to bail by the defense lawyer, it says that it is a right based on the following grounds among other things that defendant was arrested and incarcerated at the Harper prison center on August 7,2020, where defendant has been up to the filing of the motion.
In the Harper City Court, the defendant was given her constitutional right by her Abigail Hoffman, associate magistrate where the defendant requested for preliminary examination and a legal representation by a lawyer. And her honor Hoffman granted the motion but erroneously and in violation of the previsions of Chapter 12 section 12.1 of the Criminal procedure law ruled that a case be transferred to the 4th Judicial Circuit Court where preliminary examination will be conducted,” the Defense lawyers added.
According to the defense lawyers, granting bail for the degree felony is consistent with the presumption of innocence until the contrary is proved beyond reasonable doubt as emphasized in Article 21(b) of the 1986 constitution and provisions of Articles 9(3) of the international covenant on civil and political rights and prayed court to order the release of defendant from detention.
In resisting the defense lawyers motion to admit to bail, state Prosecutor headed by Philip G. Wheigar filed a four-count motion, stating that the defendant Seshie is charged with capital offense, murder which is a grave offense.
That the presumption of evident is great and that all circumstantial evidence exclusively leading directly to defendant Seshie, when she was last seen with the deceased in the house before going to work.
That person in custody for commission of a capital offense shall before conviction, be entitled as a right to be admitted to bail unless the proof is evident or the presumption is great that he is guilty of the offense. Therefore in this case presumption is great and proof is evident can’t be applied.
Count four of Prosecution’s resistance stated that Defendant Seshie was lastly seen with the deceased in the house and when defendant Seshie came from the hospital, entered the house at first, removed the knife from the deceased body and came with a body bag from the hospital with the intent to place the body the body in the bag and because the bag was small for the body, defendant Seshie asked her friend who came along with her to go for a bigger bag but was advised by a bystanders not to do so but to call the Liberia National Police.
The Criminal appearance bond filed by the defendant has meanwhile been described as defective and has no authority of sufficiency.
That bond is not approved by court and the preferred title deed is being altered as to the executional date and year with scratches on the probate date among others.