Criminal Court “A” Will Now Be In Charge
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia-The Monrovia City Court headed by its has relied on the Social media evidence presented by state prosecutors to transfer the arson case involving former speaker Jonathan Fonati Koffa and three fellow lawmakers to Criminal Court “A” that is responsible to hear such crimes.
Stipendiary Magistrate Ben L. Barco made the move yesterday Friday, June 13,2025.
The four sitting lawmakers have been charged with arson, criminal attempt to commit murder, criminal facilitation, Criminal solicitation, Criminal conspiracy, making false statement to law enforcement officers, among others.
During the preliminary hearing, state prosecutors failed to show where they got their open source evidence from something that was objected to by the defense team. How Audio Recording & WhatsApp Chatroom Conversations Informed Investigation Into Capitol Fire – News Public Trust
The social media evidence which didn’t show location where it was generated met a strong resistance due to its validity or relevance.
During his ruling in the preliminary examination hearing, Magistrate Barco one issue to determine the case.
“Hence, the sole issue for the determination of this court is whether or not Prosecution did establish a prima facie case, such that Defendants can be held to further answer to the crimes as charged herein above”?
Before answering the above legal question, Magistrate Barco stated, he shall look at the applicable laws instructive on this matter and the facts. Section 12.2 of the Criminal Procedure Law provides that “The accused shall be afforded a preliminary examination after his/her first appearance before the magistrate or justice of the peace.
According to him, If the magistrate or justice of the peace determines that a prima facie case has been established against the accused, the magistrate or justice of the peace… shall hold him/her to answer.
Magistrate Barco referenced RL v Chakpadeh, 35 LLR 715 (1988), Syllabus 4, the Supreme Court opined that a “Prima facie case is [ a case] evidence sufficient to establish the fact unless rebutted.”
He added That presupposes all Prosecution needs to establish is that a crime was committed, and that it is likely that the accused might have committed the crime. Hence, the standard in establishing a prima facie case is not proof beyond reasonable doubt but a determination as to the existence of a probable cause-that is, a reasonable ground to suspect that a person has committed a crime. See the Ninth Edition of Black’s Law Dictionary, p. 1321.
In his ruling, Judge narrated that The allegations in this complaint are that the above-named defendants of the City of Monrovia, through telephone conversations and other means, criminally connived, conspired, sponsored and purchased explosives, including gasoline which were used to set ublaze the Joint Chambers of the Capitol Building housing the Liberian Legislature on December 17. 2024, thereby causing damages to the said Joint Chambers at the cost of over SS1. 800,000.00 (1.8 million United States Dollars).
He further that, The complaint further alleges that previous to the December 17th incident and in the aftermath of a riot, Defendants brutally attacked or caused to be attacked a police officer and left him unconscious: whereas, they confiscated his gun and converted the same into their personal use.
He asserted that, State witnesses were corroborative in the description of the events leading up to the burning of the Capitol, such that they also described the roles cach of the defendants played in the conspiracy. Defendant Dixon Seboe is particularly named as the person who cooked the conspiracy, to the effect that he recruited and manipulated persons to burn the Joint Chambers of the Capitol Building, and thereafter, facilitated their escape.
Whereas Defendant Abu Kamara, as one of the financiers of the plot, is also accused of having recruited people he referred to as actors to help in the burning of the Capitol.
For his part. Prosecution witnesses narrated the role of Defendant 1. Fonati Koffa as one of the financiers behind the plot.
They also accused Koffa of being aware of the burning of the Capitol even before the incident as he was part of a chatroom where the plot was hatched or planned the ruling said.
For Defendant Jacob Debbie. he is said to have been aware of the plot. by listening to a conversation regarding same but took no action either before or after the incident to inform law enforcement authority, which inaction defines his complicity.
Judge Barco maintained that ,These narratives are sufficient grounds to establish probable cause. Therefore, it is the holding of this Court that Prosecution has established a prima face case, such that Defendants can be held to further answer to the crimes as charged.
Wherefore and in view of the foregoing. The Clerk of Court is hereby ordered to transmit the records of this case along with the defendants to Criminal Court “A” consistent with law and practice in vogue.
To which ruling of Your Honor, defendants except and announce that they shall take advantage of the law controlling in this jurisdiction. And respectfully submit.
THE COURT: Defense exception is hereby noted and it is hereby so ordered.
During the hearing, prosecution paraded two witnesses from the Liberia National Police Crime Services Investigation department.