In Capitol Building Arson Case
PHOTO: Rep. Jerry Yoker
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- In the ongoing Capitol Building Arson Case, Criminal Court “A” presided over by its resident Judge Roosevelt Z. Willie today, Monday, December 1,2025 denied prosecution request to add Representative Jerry Yoker to the indictment under the category, others to be identified.
Lawmaker Yoker represents District #12 Montserrado County in Liberia’s House of Representatives.
The court said, adding Rep. Yoker at this time to the indictment will delay the legal proceedings because the Rep. Yoker will have to go through all the legal processes as it has been done with the other defendants and he will be allowed to examine each of the juror.
According to Judge Willie, a formal defect is correcting an indictment and in this case, the state is not correcting any defect. The application filed by prosecution is not a correction of formal defect.
Prosecution application to amend the indictment by adding Representative Yoker squarely relies on Chapter 14 subsection 14.7(1,2) of the Criminal Procedure Law of Liberia. Prosecution told court that Mr. Yoker is being held for Criminal conspiracy and Criminal facilitation.
Chapter 14 subsection 14.7. Amendments.
1. Formal defects. The court shall permit an indictment or complaint to be amended at any stage of the proceedings to correct a formal defect.
2. Complaints triable in inferior courts. The court may permit a complaint charging an offense triable before a magistrate or justice of the peace to be amended up to the time of commencement of trial to correct any defect or insufficiency if (a) substantial rights of the defendant are not prejudiced thereby; and if (b) the amendment does not cause the complaint to charge an offense of a different character or arising out of a different transaction than the offense charged in the original complaint.
In furtherance, prosecution pray court to grant their application to have the matter proceeded with.
In resisting prosecution application filed, Defense lawyer Cllr. Wilkins Micheal Wright said, prosecution notation is to disband the entire selected jurors.
Cllr. Wright indicated that the name Jerry Yoker does not appear anywhere on the indictment as being claimed by the prosecution.
The defense lawyer agreed with the prosecution that it is true that they have the right to amend the indictment at any stage of the proceedings, but they should remember that Rep. Yoker will be entitled to all legal processes including examination of each of the jurors.
“Adding Rep. Yoker to the indictment list of the defendants under the jurisdiction of the court especially after the defendants have pleaded to the indictment and the indictment has also been read to jurors, will like doing everything over which will delay the trial and violate the rights of the defendants held in detention” Cllr. Wright argued.
Chapter 14 subsection 14.7(3) Amendments to conform to evidence.
Defense lawyer Wright relied on Chapter 14 subsection 14.7(3) says, When upon the trial of an indictment or complaint, there appears a variance between allegation therein and the evidence offered in proof in respect to any fact, name, or description not material to the charging of the offense, the court may, if the defendant will not be prejudiced thereby, direct that the indictment or complaint be amended to conform to the proof on such terms as the court deems fair and reasonable; but an indictment or complaint shall not under any circumstances be amended under this paragraph to charge an offense different from or additional to the offense originally charged.
The defense lawyer therefore prayed court to deny and overrule prosecution application to add defendant Yoker to the indictment at this time.