Pleads Not Guilty
PHOTO: Defendant Peach Bility
By Garmah Never Lomo, garmahlomo@gmail.com
Peach Bility was indicted by the government on multiple offenses, UNLICENSED POSSESSION, DISPENSATION, DELIVERY, DISTRIBUTION, DIS- PATCH IN TRANSIT, AND TRANSPORTATION OF
SALE, TRADE ADMINISTRATION, CONTROLLED DRUG OR SUBSTANCE (14.85) AND UNLICENSED POSSESSION OF CONTROLLED DRUGS AND SUBSTANCES
TEMPLE OF JUSTICE, Monrovia –The Liberian government through the Justice Ministry is currently prosecuting Peach Bility, the son of Nimba County District #7 Representative, Musa Hassan Bility, after Peach pleaded not guilty in the L$1millon narcotic drugs case.
This comes after Peach Bility’s indictment was read to him, thereby joining the issue with the state.
The Liberian government indicted the Nimba County Lawmaker’s son on two counts during the May A.D. 2024 term of court.
Defendant Bility through his lawyer’s requested for jury trial and fifteen jurors selected to be stationed at the Temple of Justice underground for a specified period of time.
The drugs valued at Four Hundred and Twenty-Eight United States Dollars (US$ 428.00) or its equivalent valued in Liberians’ Dollars as Eighty-One Thousand three hundred twenty Liberian Dollars (LS 81,320.00) and Seven thousand five hundred United States Dollars or its equivalent at One Million Four Hundred Twenty Five Thousand Liberian Dollars (L$ 1,425,000.00) respectively,
1.4250
Peach Bility was indicted by the government on multiple offenses, UNLICENSED POSSESSION, DISPENSATION, DELIVERY, DISTRIBUTION, DIS- PATCH IN TRANSIT, AND TRANSPORTATION OF
SALE, TRADE ADMINISTRATION CONTROLLED DRUG OR SUBSTANCE (14.85) AND UNLICENSED POSSESSION OF CONTROLLED DRUGS AND SUBSTANCES
The Grand Jury for Montserrado County, Republic of Liberia, upon their Oath, do hereby find more probable than not, that the Defendant Peach H. Bility, did commit the crime of Unlicensed Possession, Sale, Trade Administration, Dispensation, Delivery, Distribution, Dispatch in Transit and Transportation of Controlled Drugs and Substances and Unlicensed Possession of Controlled Drugs and Substances, both Crimes (14.85 & 14.89) being felony of the first degree of the Amended Penal Code of Liberia showeth as to wit:
Count one of the indictment stated That, on the 24th of March A.D. 2024 at about 11:26 pm on record, defendant Peach H. Bility of 72nd Boulevard Total Gas Station, Paynesville, Montserrado County, Republic of Liberia was arrested within the Facility of Miami Beach, Coconut Plantation, Mamba Point, Monrovia, where he deals, trades and supply dangerous drugs and controlled substances from his Gray Color plate A41029-LB vehicle to members of his scheme on the Miami beach and other beaches near and far in Monrovia and surrounding communities.
Count one furthered:
That, it is evident and a shared experience amongst security apparatus meaningly the LDEA and Police field operational officers assigned across the country, that the consumers of those dangerous substances and drugs some of which were caught in defendant Bility’s possession and on board his car are keys amongst those drugs and substances that are contributing immensely to crimes and destruction of thousands of young people lives in Liberia.
More to that, the conducts and behaviors of users of those dangerous drugs substances continues to mete physical and emotional harms on community dwellers in the forms of robbery, taking away people personal belonging, and as well as breeding the tendencies of fears in residents, businesses and visitors in communities around the bailiwick and jurisdiction of Liberia;
That, based upon intelligence received from confidential informers alerting the LDEA, defendant Peach Bility was arrested in Plain-view on the premises of Miami Beach in Mamba Point at about 11: 26pm while smoking weeds as admitted to in his voluntary statement to the LDEA investigation which was read and witness by his Attorney representing him on March 27, 2024,
That, during the Search of the defendant’s vehicle with his presence and expressed consent, several items to include dangerous drugs were discovered therefrom to include Twenty One, point four (21.4) gram of mixtures of Cannabis and Fentanyl commonly known as Kush, and Five Hundred (500) grams of Marijuana scientifically known as Cannabis and locally known as Lawo amongst criminals and users, one (1) piece of Single Barrel Pistol, one (1) piece of Orange Color Gun with full description as follow SCC4-CPX-29MM, one (1) Black Pistol description-Black AGUL 175 made in the USA and one (1) pack/rounds of ammunition respectively,
That, the current Liberian black market valued or appraisal of the dangerous Drugs and Controlled Substance found on defendant Bility’s possession and vehicle were appraised at Four Hundred and Twenty Eight United States Dollars (US$ 428.00) or its equivalent valued in Liberian Dollars as Eighty One Thousand three hundred twenty Liberian Dollars (LS 81,320.00) and Seven thousand five hundred United States Dollars or it equivalent at One Million four hundred twenty five thousand Liberian Dollars (L$ 1,425,000.00) respectively,
1.4250
That, the mixtures of Drugs and Control Substances and or Precursors, Cannabis and Fentanyl is commonly known as Kush in Liberia and Sierra Leone and as mentioned, are dangerous drugs that have the propensity to destroy the mental capacity, cells, organs and physical ability of people, as such drugs are harmful for human consumption and the youthful population of Liberia,
That, the LDEA preliminary investigation established that, the defendant deals in those dangerous drugs and controlled substances and his schemes and Modus Operandi are well planned, designed and calculated with criminal minds to acquire money through the illegal ways and means at the very detriment to the community, people, society, laws, cultures and values system of our society,
That Cannabis and Fentanyl alias Kush found on the possession of defendant Bility is a known and satisfied Narcotic Drugs found under the 1961 United Nations Single Convention on Narcotic Drugs as amended by the 1972 Protocol.
That the Drugs recovered, seized and taken from the possession of defendant Bility are listed drugs included in Schedule 1, count # 22 and 48 of the New Drug and Controlled Substances Act of as included in the Amended Penal Law of Liberia. That the defendant Peach Bility has no affirmative defense.
That, the act of the defendant Bility was intentional, purposeful, criminal and contrary to the New Penal Law of Liberia and against the peace and dignity of the state.
$14.85. Unlicensed sale, trading administration, dispensation, delivery, distribution, dispatch in transit, and transportation of controlled drug or substance Offense
COUNT II . UNLICENSED POSSESSION OF CONTROLLED DRUGS OR SUBSTANCES
That the LDEA Investigation established that the defendant Bility uses his car as a storage, where he possesses the drugs to sell and distribute the harmful product/dangerous and killing drugs to individuals and as well as placing it on the black markets in near and far areas of the community, mainly amongst young people, school students, motorcyclists, truck drivers, street sellers etc.;
That, on preliminary examination and investigation of the substances content, it was established to be a mixture of Cannabis and Fentanyl commonly known as Kush and Cocaine are listed amongst those drugs identified as dangerous and found under Schedule I and deemed as grave offense under the Penal Law of Liberia;
That, the defendant Bility has no affirmative defense;
That, the act of the defendant Peach Bility was intentional, purposeful, criminal and contrary to New Penal Law of Liberia and against the peace and dignity of the state.
UNLICENSED POSSESSION OF CONTROLLED DRUGS OR SUBSTANCES
Offense. A person commits an offense if he/she purposely or knowingly traffics controlled drugs or substances as per Schedule I, II, III, IV, or precursors or essential chemicals listed in Table I and Table II without a license from the Minister.
Grading. The offense of illicit trafficking in controlled drugs and substances shall be graded as follows:
Where the subject matter of the offense is a drug or substances listed in Schedule I, or precursor or essential chemical listed in Table I and Table II, to be used for the purpose of trafficking, the person shall be guilty of a felony of the first degree and if used otherwise, shall be guilty of second-degree felony.
Punishment for the violation of this section shall range between 10 or 20 years or as prescribed in Section 50.5 and 50.6 of the Penal Law of Liberia. Where the offense is deemed a first-degree felony, it shall be a grave offense and shall not be billable. Where the offense is deemed a second-degree felony, for the purpose of bail, only cash to the value of twice the bond; or cash deposit in the bank to the value of twice the bond as evidenced by a bank certificate.
Where the subject matter of the offense is a drug or substances listed in Schedule II, III, and IV, to be used for the purpose of trafficking, the person shall be guilty of a second-degree felony and if used otherwise, shall be guilty of first-degree misdemeanor, sentence shall range between three years to five years or more depending on the circumstances or as per provisions as prescribed in Section 50.5 and 50.6 of the Penal Law of Liberia. As to the matter of bail, only cash to the value of the bond; or cash deposit in the bank to the value of the bond as evidenced by a bank certificate.
Meanwhile, prosecution is expected to produce the following witnesses LDEA Investigator, Commander Moses L. Meah, LDEA investigator Paygar and LDEA officer Papee Somah.