PHOTO: Convict Moses Mlarmah
By Garmah Never Lomo, garmahlomo@gmail.com
ZWEDRU, Liberia- Days after being found guilty of murdering a Maryland County commercial motorcyclist, Modacious Nyema last week, the Judge of the 7th Judicial Circuit Court here today, Monday sentenced his killer to 47 years imprisonment.
The late Nyema, who was also a student in the area, was gruesomely murdered with parts extracted for alleged ritualistic purpose in Pleebo around April 2021, something that triggered mob violence in both Pleebo and Harper. And that eventually led to an imposition of temporary emergency measures in the affected areas by President George Manneh Weah. During the wave of protests, the home of House Speaker Bohfal Chambers was burnt as well as the destruction of properties, including the Harper Central Prison.
Judge George S. Wiles announced the sentence on June 6, 2022 sentenced against defendant Moses Mlarmah, after the trial jury on June 1st handed down a unanimous guilty verdict against defendant Moses Mlarmah, despite his earlier guilty plea and his plea for mercy.
The case was transferred from Maryland County to Grand Gedeh County based on change of venue request made by state prosecutors.
During the course of the investigation, defendant Mlarmah admitted to the allegation by killing the victim and named his accomplices which include Leo Williams, Jeremiah Appleton alias open zipper and Francis Kla Nyema. They were all arrested and taken to the police station for investigation but they all denied the allegation.
The Ministry of Justice through its Correction superintendent at Zwedru correction palace was invited by judge George S. Wiles to ascertain the defendant’s character by June 6, 2022.
Modacious Nyema was killed in Besseken Pleebo statutory district in Maryland County on March 25,2021.
Convict Mlarmah was indicted during the February A.D 2021 term of court on April 16,2021 at the 4th Judicial Circuit Court in Maryland County for the crime of murder and criminal conspiracy.
Judge Wiles said in his sentencing ruling: “Wherefore and in view of the foregoing, unanimous guilty against convict Mlarmah and circumstances thereof, the unanimous guilty of the jurors is hereby affirmed, confirmed the jurors’ verdict against convict Mlarmah is adjudged for the crime of murder.”
According to him, in the statute, the maximum sentence for a murderer is life imprisonment, while the minimum sentence is left with the Judge’s discretion.
Judge Wiles also said that after convict Mlarmah shall have served 30 years in prison, he shall be allowed to be placed on parole based on good behavior from the prison facility.
The 7th Judicial Circuit Court Judge added that the 47 year’s imprisonment given to the convict will serve as “deterrence for others who are involved with unlawfully and criminally taking human lives.”
Prosecution excepted to the ruling and promised to take advantage of the statute controlling.
Other co-defendants’ trial
State prosecutors commenced the trial of Co-defendant Jeremiah Appleton, alias “open zipper”, Leo K. Williams and Alice Davis who pleaded not guilty, after their indictment was read on Monday May 30,2022 on June 3,2022.
During the trial proceedings, prosecutors produced three witnesses and rested in Toto with the production of both oral and documentary evidence.
The trial commenced on May 30,2022, at the 7th Judicial Circuit Court in Zwedru City, Grand Gedeh County.
Co-defendant Jeremiah Appleton alias open zipper, Leo K. Williams and Alice Davis pleaded not guilty thereby joining issue with the state.
On the other hand, defendant Francis Kla Nyema was released through a nulle prosequio in line with chapter 18 section 18.1 of the Criminal procedure law of Liberia on ground that he has no connection to the case.
The case was transferred from Maryland County to Grand Gedeh county based on change of venue request made by state prosecutors.
After the prime suspect Moses Mlarmah pleaded guilty, he was asked by Judge George S. Wiles of the 7th Judicial Circuit Court as to whether he was force to say so but he answered in loud voice and said no but rather he did the killing.
Based upon his guilty pleas, state prosecutors headed by Cllr. Wesseh A. Wesseh requested court for separate trial in favor of defendant Moses Mlarmah who pleaded guilty and also in favor of Leo K. Williams, Alice Davis and Jeremiah Appleton alias open zipper who said they were not guilty.
The request for separate trial is consistent with Chapter 16 section 16.10 of the criminal procedure law of Liberia in order not to prejudice the defendants who have issues with the state.
While defense lawyer Rodney O. Moses interposed no objection to the request for separate trial adding that pre-Judicial being the right of defendant who after arraign and enter plead separately, are entitled to severance and separate trials so as to meet the end of Justice.
The court presided by it resident Judge George Wiles said egranted the request for severance trial and said severance or separate trial being the right of either party with the defense interposing no objection, is
Liberia penal Law Chapter 14.1
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
However, convict Mlarmah was questioned by Judge Wiles as to whether he has anything to say after his sentencing but convict Mlarmah thanked judge Wiles including both prosecution and defense lawyers for the time spent during his short period of trial.
On May 31,2022, defendant Moses Mlarmah waved testimony and his legal counsel, Rodney O. Moses also waved legal final argument into the case.
State prosecutor Cllr. Wesseh A. Wesseh, who had no alternative after defense lawyer waved final legal argument, also followed same to wave legal final argument.