State Witnesses Stay Away From Testifying
By Garmah Never Lomo, garmahlomo@gmail.com
State prosecutor who spoke on the basis of anonymity has told this news outlet that, state witnesses which the prosecution is relying on to prosecute the alleged massacre case, have declined to show up for the hearing of the trial.
Following the pronouncement of the final Presidential election on November 19,2023, defendant Lawrence K. Williams allegedly ran into partisans of the Unity party who were celebrating the victory of the election of their Standard bearer now President Joseph N. Boakai.
Defendant Williams was charged with murder, Criminal attempt to commit murder and Aggravated Assault.
The defendant Williams was indicted on three counts during the February A.D. 2024 term of court.
After nearly five terms of court now, the defendant is yet to be tried for his alleged crimes, something the prosecutor said, ascribed to failure of state witnesses to appear for hearing.
Article 21(h) of the 1986 Constitution states that Every person arrested or detained shall be formally charged and presented before a court of competent jurisdiction within forty-eight hours. Should the court determine the existence of a prima facie case against the accused, it shall issue a formal writ of arrest setting out the charge or charges and shall provide for a speedy trial. There shall be no preventive detention.
Also, Criminal Procedure Chapter 18:2 a court shall dismiss an indictment if the defendant is not tried during the next succeeding term after the finding of the indictment. A court shall dismiss a complaint charging a defendant with an offense triable by a magistrate or justice of the peace if trial is not commenced within fifteen days after the arrest of the defendant or his appearance in court in response to a summons or notice to appear.
According to the indictment, Defendant’s Lawrence K. Williams act contrary (e) and 4LCLR. Title 26, Section 1.7 (c) and (d), and against the peace and dignity to: 4LCLR, Title 26, 14.1(a)and (b), and 4LCLR, Title 26, Section 2.2 (a) (b)and of the Republic of Liberia.
Count two of the indictment avers that defendant Williams committed the crime of Aggravated Assault, a felony of the second degree, to wit;
That, during the night hours of November 20, A.D. 2023, in the area of Broad Street, City of Monrovia, Montserrado County, Republic of Liberia, you Defendant Lawrence K. Williams purposely, knowingly, willfully and intentionally inflicted bodily wound; and injuries on the peaceful bodies of Twenty-Nine (29) below listed: individuals while they were celebrating their victory during the pronouncement of Run-off Election result.
Further, That, police’s investigative reports revealed that on the date and at the place herein supra, during the time interval of 10-11 0’clock Pm. while sympathizers and other community members were at the Unity Party Headquarter and jubilating, you herein named Defendant criminally planned and violently drove in an unmarked Grey Hyundai SUV vehicle went to their direction, parked and switched off the vehicle headlights.
Accordingly, defendant Williams at about 30-minute periods sit-down in the parked vehicle, carefully observed the direction of the Twenty-Nine (29) state victims and other Community members. And wickedly opened the vehicle doors toward the passenger side, and thereafter, started the said vehicle with forced and excessive speed, ran, burst and struck into the jubilant crowd in the darkness and inflicted severer bodily wound and injuries on the victim’s peaceful bodies
That, as the direct result of this Defendant’s act, the private prosecutrixes and private prosecutors sustains severer bodily wound and injuries, bled profusely and at the time sought medical treatment at the John Frankly Kennedy (J.F.K) hospital. Defendant’s Lawrence K. Williams unjustifiable act, caused several of them to lose the normal function of their body parts, there and then the crime of Aggravated Assault, you Defendant Lawrence K. Williams did do and commit.
That, Defendant Lawrence K. Williams to be identified, has no affirmative defense.
Aggravated Assault
A person is guilty of aggravated assault if he:
- a) Causes serious bodily injury to another purposely, knowingly or recklessly;
or b) Purposely or knowingly bodily injury with deadly weapon.
“BODILY INJURY” means physical pain, illness, or any impairment of physical function.
Chapter 2, Section 2:2
That, Defendant’s Lawrence K. Williams, act is contrary to: 4LCLR, Title 26, Section 14. 20 (b) and 4LCLR, Title 26, Section 2.2 (a) (b)and (e) and 4LCLR, Title 26, Section 1.7 (c) and (d), and against the peace and dignity of the Republic of Liberia.
COUNT Three, CRIMINAL ATTEMPT TO COMMIT MURDER
That Defendant, Lawrence K. Williams, to be identified, committed the crime of Criminal Attempt to Murder, in That, the Grand Jury for Montserrado County, Republic of Liberia, upon their violation Chapter, Section 10.1. of a felony of the second degree, to wit;
While partisans, sympathizers and other community members were at the Unity 17. That, on November 202. A.D. 2023.at about the hours of 10-11 O’clock Pm. Party Headquarter and jubilating, you herein named Defendant, planned, criminally drove in an unmarked Grey Hyundai SUV vehicle, went to their direction, switch off the vehicle headlights and thereafter parked.
Additionally, you defendant Williams parked the vehicle, spend at about 30 minute to carefully observed the direction of the over Twenty-Nine (29) state victims. That having observed them, you wickedly opened the vehicle doors toward the passenger side. started same with forced and excessive speedy, ran, burst and struck into the jubilant crowd in the darkness, with the intent to kill them and inflicted severer bodily wound and injuries on the victim’s peaceful bodies.
That private prosecutrixes and private prosecutors, sustained severer bodily wound and injuries, bled profusely and sought at the medical treatment at the John Frankly Kennedy (J.F.K) hospital.
There and then the crime of criminal Attempt to Commit Murder, you Defendant Lawrence K. Williams did do and commit.
Criminal Attempt to Commit Murder
otherwise required for the commission of an offense, purposely engages in conduct constituting a substantial step toward commission of the offense. A substantial step corroborative of firmness of the actor; intent to complete the commission of the offense.
Factual or legal impossibility of commission of the offense is not a defense if the offense could have been committed as the attendant circumstance been had the actor believed then
That Defendant has no affirmative defense.
That, the Defendant’s Lawrence K. Williams, act is contrary to: Chapter 10, Section 10.1 and 4LCLR, Title 26, Section 2.2 (a) (b)and (e) and 4LCLR, Title 26, Section 1.7 (c) and (d), and against the peace and dignity of the Republic of Liberia.
THE GRAND JURORS AFORESAID, UPON THEIR CRIMES OF, MURDER, AGGRAVATED ASSAULT AND CRIMINAL ATTEMPT TO COMMIT MURDER, THE SAID DEFENDANT DID DO AND COMMIT CONTRARY TO THE FORM, FORCE AND EFFECT OF THE STATUTORY LAWS OF THE REPUBLIC OF LIBERIA IN SUCH CASES MADE AND PROVIDED AND AGAINST THE PEACE AND DIGNITY OF THE SAID Republic.
Similarly, is the case with the City officer Amanda Nebo who was killed at Barnesville Junction in early 2024 with no witnesses appearing to commence the trial.