PHOTO: Judge George Smith of the 15th Judicial Circuit Court
By Garmah Never Lomo, garmahlomo@gmail.com
FISH TOWN, RIVER GEE, Liberia- The Judge of the 15th Judicial Circuit has ruled against Defense Lawyer’s request for change of venue in the Barrabo murder trial here in the southeast, amid claims that Liberia’s Solicitor General was trying to interfere in the case, something he has since denied.
Presiding Judge George W. Smith took Liberia’s Chief prosecutor and Solicitor General Syrenius Cephas to task on Monday, November 23, 2020 during his ruling here.
The three men in Barrobo, Maryland County were allegedly murdered by fourteen men in the area on grounds that they were engaged in witchcraft.
Suspects above and below corpses of victims
According to credible sources in the legal arena earlier , Cllr. Cephas had on numerous occasions called the judge without stating the reason for placing the call and that the judge has been asking why such calls.
Judge Smith, commonly called “No Nonsense Judge, digressed and gave brief remarks as to what the court taught gave birth to the change of venue he claimed was instigated by Liberia’s Solicitor General, Cllr. Syrenius Cephas in this trial involving a town chief in Barrobo, Maryland County.
The 15th Judicial Circuit Court Judge said that this case of murder, Criminal conspiracy and Criminal facilitation from whence defense’s motion for Change of venue grows was transferred from the 4th Judicial Circuit Court of Maryland County here to the 15th Judicial Circuit Court of River Gee County based on Prosecution motion for Change of venue filed in November last year.
In his ruling, Judge Smith noted that on the request of Prosecution, represented by the Assistant Minister for Litigation at Justice Ministry, Cllr. Wesseh A. Wesseh, the case was assigned for hearing on Monday, November 16,2020 at 10 am.
But prior to the scheduled date for trial, on November 13, 2020, @2:13pm, he received a call from Cllr. Wesseh informing him that the Solicitor General Cllr. Syrenius Cephus requested for his phone number, in order to speak with him about his desire to file a motion for change of venue in this case.
Judge Smith said he however, told Cllr. Wesseh that he didn’t need his approval to give the Honorable Solicitor General his numbers and that the Solicitor General did not also need to consult the presiding Judge before filling a motion for change of venue.
Some four hours and thirty-seven ( 4:37 Mins) after he spoke with Cllr. Wesseh, the Judged said he again received a call @6:50PM from the public defender Atty. Jerome Pour informing him again that the Solicitor General Syrenius Cephas requested his number.
Atty. Pour hinted him that Solicitor General wanted to file a motion for Change of venue in this case, but he (Judge Smith) told Atty. Pour that his consent was not necessary to give the Solicitor General his numbers and that his consent or approval was not required for the Solicitor General to file an application for Change of venue.
Fifteen (15) minutes after speaking with public defender Atty. Pour, he received a call from the Solicitor General Syrenius Cephas at 7:05PM ” saying, “Hi, your Honor. This is the Solicitor General of Liberia Cllr. Cephas. You’d know I am from River Gee County. Your Honor I would like to interface with you and he judge returned his greeting and stated I know that you from RiverGee County.”
Apparently not understanding what he, Judge Smith said, Cllr. Cephas replied:” I don’t go to places like RiverGee ( place believed to be his home town). I send my under men there. Your Honor where do you live? I would like to see you personally”.
But as he was indisposed to meet Cllr. Cephus personally, he told him that they could talk on the phone but Cllr. Cephus declined for reason that it was personal”.
After said conversation, he Judge Smith gave his WhatsApp number on his request but the 13th of November he and Cllr Cephas have not talked and Cllr. Cephas has not called him neither did he call Cllr. Cephus. Indeed, Cllr. Cephas sounded megalomaniac when he uttered these words: this is Solicitor General of Liberia and Chief Prosecutor of the Republic of Liberia” I don’t go to places like RiverGee County. I send my under men there.
But in Monrovia on Monday, November 23, 2020, SG Cephas told www.newspublictrust.com via mobile phone on Monday, November 23, 2020 that he is not doing anything to illegally interfere with the trial.
Cllr. Cephas said “I don’t know the defendants” in the murder case and that he has only made one phone call to the Judge presiding over this case recently, requesting him to give lift to his sister who was travelling to River Gee on his (Judge’s vehicle) from Monrovia. But he explained that the Judge told him that he had to take his vehicle to the garage for servicing.
Cllr. Cephas is said to have even gone to the extent of ordering Public Defender Atty. Amos Nyenatoh to file a motion of change of venue; something he did on Wednesday November 18, 2020, after he (Atty. Nyenatoh) failed to attend the commencement of the hearing on Tuesday November 17, 2020, without any excuse.
The ruling of Judge Smith into the Judge of venue motion, said on Wednesday November 18, 2020, @9 am when the case was called for trial, he expected an application from Prosecution for Change of venue for reason stated about information from Cllr. Wesseh and Atty. Pour that the Solicitor General was desirous of filing a motion for change of venue but to his amazement. An unverified/unsworn motion for change of venue was signed and filed by Public defender Atty. Amos Nyenatoh.
But judge Smith stated what is most amassing is that the language of the motion for change of venue does not sound like that of the public defender Atty. Nyenatoh and more besides the two Attorneys at law Atty. Pour and Nyenatoh do not practice before the Supreme Court but used words or language used by counselors before the Supreme Court such as an appellate and phrases in the motion like further above; movant submit and say further above and to incorporate count 1&2, movants/ Defendants aver and say your Honor will in no way err in granting their motion and their case is emotionally and sentimentally charged sound more like the language of Cllr. Cephus whom he has been knowing since 2013 rather than the language of Attorney Pour and Nyenatoh.
Based on information that Cllr. Cephus was desirous of changing the venue of the case; his unethical and unprofessional conduct by attempting to speak privately with the judge regarding this case, is in violation of Rule 2 of the code of moral and professional ethics (1999) and the very language of the motion for change of venue sound like Cllr. Cephus rather than the language of public defenders, he judge Smith is therefore of the suspicion that this motion is a product of collusion between Cllr. Cephus and the public defenders.
Furthermore, the Supreme Court has held that an Application for Change of venue of a criminal Prosecution on ground of local prejudice may be granted on the basis of the Defendant’s sworn application and the facts alleged therein RL vs Gbollie 15LLR syl. 2, p 382 and unfortunately, the veracity of the averments contained in Movant’s motion for change of venue is not verified or sworn to.
Judge Smith said count four(4) of movants/ Defendants motion stated RiverGee county and Barrobo in Maryland County have towns and villages in common or boundaries which when their case is tried in RiverGee Co they won’t get fair trial due to local prejudice but the Judge denied such claim and said it Grand Kru and Maryland counties have villages and town in common and not RiverGee county and said ground the judge all five of the defense lawyer counts for change of venue.
On the other hand the also denied Prosecution count seven which the Prosecution prayed court to have the case transfer to the second Judicial Circuit Court in Grand Bassa county for the easy access to witnesses on ground it did not satisfy the spirit for change of venue stated in Section 5.7 of the Criminal procedure law.
Meanwhile, the judge therefore denied both defense lawyer motion for change of venue and Prosecution resistant thereto and ordered the case tried in River Gee County.
Judge Smith further said it was surprising to see the defense lawyer filing a motion for change of venue when both the defense lawyers and Cllr. Wesseh have been informing him that the murder case from Barrobo Maryland County was a priority for this November term of court something they all agreed upon that the case could be tried for this term of court.
But both Prosecution and defense lawyesr took exception to the judge and promised to take advantage of the statute controlling.
It can be recalled that the general town Chief and two his men were gruesomely murdered in Rock town Barrobo statutory District on witchcraft allegation and it said case the Solicitor General Syrenius Cephus is allegedly want to the Defendants to be set free.
The alleged Barrabo murderer are Chea Karmanue, Cyrus T. Doe, John T. Tweh, Toe Dargba, Moses Chea, Sam Gboguee, David Weah and Solomon Weah for the alleged crime of murder, criminal conspiracy and criminal facilitation.
part of the Judge’s ruling