PHOTO: L-R, Temple of Justice and late officer Alexander Saye
TEMPLE OF JUSTICE, Monrovia- State Lawyers led by Liberia’s Solicitor General, Sayma Syrenius Cephas has described the recent ruling of the 7th Judicial Circuit Court Judge, Sikajipo Wollor as “erroneous and Illegal” in a murder case involving the late Police Regional police Commander of Grand Gedeh County, Alexander Saye.
On Thursday June 10, 2021, the assigned Circuit Court Judge Wollor released the murder defendant Sampson Pennue on bail, justifying that the police didn’t do good investigation and there was no intent of murder as he had been charged by the police
But in a nine-count Writ of Certiorari filed by the state to the Chambers Justice of the Supreme Court Joseph N. Nagbe in which it petitioned his Honor and Supreme Court for the issuance of an Alternative of Writ of Certiorari to overrule and set aside the erroneous ruling/judgment of His Honor Sikajipo Wollor, Assigned Circuit Judge of the 7th Judicial Circuit, Grand Gedeh County.
This Judge presided over the February Term A.D. 2021 and the state Lawyers claim that he erroneously and illegally admitting the 2nd Respondent to admit for the following factual and legal reasons as showeth to wit:
Petitioner submits that it is a plaintiff before the 7th Judicial Circuit Court in which the 2nd Respondent Sampson Pennue has been indicted for the capital offense of murder, a non-bailable offense under Liberian law and the matter is pending and undecided.
Further, Petitioner says the 1st Respondent, His Honor Sikajipo Wollor is the assigned circuit judge for the 7th Judicial Circuit, February Term, A.D. 2021 who erroneously and illegally granted or admitted the 2nd Respondent, Sampson Pennue to bail.
Petitioner says and avers that the Honorable Supreme Court recently issued a circular which has been published on billboards at public places, in the print and electronic media that all courts would be closed and all judicial activities suspended throughout the country from 7-11 June, 2021 for the holding of a National Judiciary Conference at the Ministerial Complex in Congo Town, Monrovia and same was done, meaning all courts were deemed closed and judicial activities suspended as in keeping with the judicial mandate.
Your Honour is most respectfully requested to take judicial notice of the publication of the judicial mandate that led to the suspension of all courts’ activities throughout the country.
Petitioner says despite the closure of all courts and the suspension of judicial activities, the 1st Respondent, His Honor Sikajipo Wollor opened the doors of the 7th Judicial Circuit in Zwedru City, conducted normal judicial activities, and presided over a motion to admit to bail in which he illegally granted the 2nd Respondent Sampson Pennue, charged with murder, a capital offense which is not bailable under Liberian law, holding that:That the indictment failed to prove that there was an intent to commit murder by the 2nd Respondent; That the indictment failed to established that the there was a malice on the part of the 2nd Respondent to kill the deceased; That after the shooting incident, the 2nd Respondent did not flee the scene to prove flight as a sign of guilt, which utterly means the 2nd Respondent is innocent; and That when the decedent was shot, he ran to the 2nd Respondent for help, saying “SP,SP, help me” which means the 2nd Respondent was innocent.
Petitioner says and submits that the reason provided by the Honorable Judge for the granting of bail in favor of the 2nd Respondent went to the depth, character or merits of the case; it is totally judgmental, erroneous and it far exceeded an ordinary bail hearing and therefore the entire ruling should be set aside.
Petitioner submits and says that Title 1, Liberian Codes of Law Revised-Civil Procedure Law chapter 13 section 13.1 titled: “Right to bail” provides: Capital offenses– A person in custody for the commission of a capital offense shall, before conviction, be entitled as of right to be admitted to bail unless the proof is evident or the presumption great that he is guilty of the offense. On the hearing of an application for admission to bail made before indictment by a person in custody for the commission of a capital offense, the burden of showing that the proof is evident or the presumption great that he is guilty of the offense is on the Republic.
After indictment for such an offense, the burden is on the defendant to show that the proof is not evident or the presumption not great.”
Petitioner says though the 2nd Respondent has both the statutory and constitutional authority as a sitting judge to grant bails where necessary as in keeping with law, but his ruling granting or admitting the 2nd Respondent is to admit absolutely erroneous, illegal and must be overturned, set aside or overruled on grounds that it violates the right to bail clause of Title 1, Liberian Codes of Law Revised-Civil Procedure Law chapter 13 section 13.1, which reads:”… On the hearing of an application for admission to bail made before indictment by a person in custody for the commission of a capital offense, the burden of showing that the proof is evident or the presumption great that he is guilty of the offense is on the Republic…”
The admission to bail application is contrary to law because it was made after the indictment was drawn which means the burden shifted to the defendant/ 2nd Respondent to prove his innocence at trial and therefore the entire ruling should be set aside.
WHEREFORE AND IN VIEW OF THE FOREGOING FACTS AND CIRCUMSTANCES,
PETITIONER prays Court and Your Honor as follows: That Your Honour will order the issuance of the Alternative Writ of Certiorari ex parte against the Respondents, setting aside the purported ruling, ordering the re-arrest and imprisonment of the 2nd Respondent, and staying all and any action further taken, and thereby return the parties to status quo ante; That Your Honor will cite the parties to a conference, and after the hearing quash the ruling of June 11, 2021; and That Your Honor will grant unto Petitioner any and all further relief that Your Honor may deem just, legal and equitable in the given circumstances. By Garmah Never Lomo, garmahlomo@gmail.com