PHOTO: Judge Gbeisay during the sentencing in Kakata recently
By Garmah Never Lomo, garmahlomo@gmail.com
Several state prosecutors as well as Civil Society Organizations have criticized Judge Yamie Quiqui Gbeisay who presided over the German national murder case for what they claimed is “wrongful” sentencing of the convicts involved.
Three men convicted for the murder were recently sentenced to 35 years imprisonment by Judge Gbeisay, who is the assigned Judge of the 13th Judicial Circuit Court in Kakata, Margibi County.
On January 22, 2020, Juergen Schedema, Manager of the International Consultant Company (ICC) was shot during an armed robbery incident at the International Consultant Capital Logging Company compound in Big Joe Town near the port city of Buchanan.
According to Judge Gbeisay’s ruling today, Wednesday, January 12, 2022, state prosecutors proved their case beyond reasonable doubt by providing all necessary evidence that led to their conviction.
They were therefore adjudged guilty of the crimes of murder, armed robbery and criminal conspiracy.
One of the Judge’s critics is Assistant Justice Minister for Litigation, Cllr. Wesseh A. Wesseh who said anyone who is convicted of murder, should be sentenced to life imprisonment since there is no penalty on death by hanging.
According to Cllr. Wesseh, the convicts should have been given a maximum sentence rather then giving them 35 year’s imprisonment to serve as deterrence to would be armed robbers.
Assistant Minister Wesseh said sentencing should not be done with sympathy.
The conduct of Judge Gbeisay was in violation of Chapter 14 sub chapter 14.1(A)
14.1. Murder
A person is guilty of murder if he:
(a) Purposely or knowingly causes the death of another human being; or
(b) Causes the death of another human being under circumstances manifesting extreme indifference to the value of human life.
A rebuttable presumption that such indifference exists arises if the defendant is engaged or is an accomplice in the commission of, or an attempt to commit, or flight after committing or attempting to commit, treason, offenses defined in Sections 11.2 or 11.3 of this title, espionage, sabotage, robbery, burglary, kidnapping, felonious restraint, arson, rape, aggravated involuntary sodomy, escape, piracy, or other felony involving force or danger to human life.
Murder is a felony of the first degree, but a person convicted of murder may be sentenced to death or life imprisonment as provided in Sections 50.5 and 51.3
Another state witness in the case, Mr. James Kartoe said that 35 years given to the convicts is against the penalty of death as prescribed by the penal of law of Liberia given the gravity of the incident.
Mr.Kartoe added that given the prior criminal records of two of the convicts, they should have been given maximum punishment rather than 35 years.
He disclosed that the issue of armed robbery in Liberia, if there must be a decrease, the court of law should give maximum punishment to those convicted of committing the crimes.
Three men who were convicted of killing the German national in the port city of Buchanan, Grand Bassa County was on Wednesday, January 19,2022 sentenced to 35 year’s imprisonment each.
Judge Yamie Quiqui Gbeisay reading the sentence of the convicts said, two of the defendants James Tokpa Kollie alias depree and Emmanuel Kollie alias porleh have prior criminal record but Joseph Cole has no prior criminal record.
The convicts will be placed on parole after serving 25 years sentence in jail.
On January 12, 2022,The assigned Judge at 13th Judicial Circuit Court in Kakata Margibi County, Yamie Quiqui Gbeisay has affirmed and confirmed the December 30, 2021 unanimous guilty verdict against three men for the killing of German national, Juergen Schedema, but defense Lawyers have taken exception..
The three men were found guilty for murdering the German national in Buchanan, Grand Bassa County in January 2020. The convicts are James Kollie, alias “Depree”, Emmanuel Kollie, alias “Porleh” and Joseph Cole, alias Joe Cole.
Meanwhile, the probation office at the Ministry of Justice has been ordered to do a pre-sentence report on each of the convict and report to the court within five days.
The three men, who were accused of shooting the German national, Juergen Schedema, were on December 30, 2021, unanimously found guilty by trial jurors at the 13th Judicial Circuit Court in Kakata, Margibi County.
But lawyers representing the accused took exception to jurors unanimous guilty verdict and promised to take advantage of the statute controlling.
The trial was presided over by its assigned Judge Yamie Quiqui Gbeisay.
The trial lasted for two weeks three days.
At the same time, a defense Lawyer for the three convicted murderers, Fred B. Johnson has announced an appeal to the Supreme Court of Liberia sitting in its March term of court.