By Never G. Lomo,garmahlomo@gmail.com
Lawyers prosecuting seven men involved in the torturing of three women in Liberia’s southeastern Sinoe County last year are pressing for them to get life imprisonment sentence, as they make a motion to rescind 25 years imprisonment judgement by presiding Judge Joe S. Barkon.
One of the victims, Madam Willet Nyenwlah, later died.
The case was transferred from Sinoe to the Second Circuit Court in Buchanan, Grand Bassa County, some 88 miles from Monrovia. It was on the request of the prosecution few months ago that trying the defendants in Sinoe’s capital, Greenville could spark prejudice which could impede the trial.
The women in Sinoe County were last December were stripped naked and paraded in five towns in that southeastern County, forcing sticks into their private parts.
They were also burned with fire on their entire body, on orders of traditional or “country devil”. And their humiliations and parading through the town, which was video tape, later went viral on the Social Media.
The incident happened after the women were accused of “witchcraft” in Nuampo-Johnny town in Gbahyen Statutory District. They were indicted on the crimes of Murder, gang rape, criminal facilitation, criminal conspiracy and Aggravated assault among others.
Recently, the jury found the seven men guilty. They are Moses Solo, Teah Gmawlue, Sylvester Charty, Dennis P. Pyne, Victor Solo, Tweh Kelgbeh and Alex Karpeh. The men had denied the charges.
The defendants taking the witness stand in the case concerning the public humiliation and torturing of three women in Sinoe said they were mistakenly identified by the commissioner of Johnny town.
State prosecutors, headed by Assistant Justice Minister for Litigation, Cllr. Wesseh A. Wesseh, filed in a motion to rescind judgement against the resident judge Joe S. Barton to sentence the convicts in the torture case.
The motion, filed by Grand Bass County Attorney Patto Jarba, states that the convicts in the captioned were indicted by the Republic of Liberia for the crimes of murder, gang rape, aggravated assault, criminal conspiracy and criminal facilitation.
The motion to rescind judgement filed by the prosecution says that because movable or plaintiff said, after the respondents were indicted by the Grand jury of the Third Judicial Circuit Court in Sinoe County, the case was transferred to the Second Judicial Circuit Court in Grand Bassa County on change of venue.
According to prosecution motion of rescind judgement, during the arraignment of the convicts, in open court on Tuesday August 13, 2019 during the second day jury sitting of the aforesaid court, they all pleaded Not Guilty to the aforementioned crimes; there by joint issues with the state.
Further to count three, movant says and submits that during the trial before his honor Judge Barkon and the empaneled jurors, the state or prosecution adduced five general witnesses and three rebuttal witnesses; while the convicts individually took the witness stand on their own behalf and then his honor summarized the facts to thr trial jurors who resolved into their room of deliberations and brought down a majority guilty verdict against the convicts.
Prosecution motion: That the movant or respondents not been satisfied with the jury’s verdict, a motion of new trial was filed before Judge Barkon, which said motion was argued pro et con by the lawyers of the convicts and the state proved beyond all reasonable doubt. And said motion was denied on ground that the evidence adduced by the state was convincing and overwhelming.
Prosecution further stated in their motion of rescind judgement that the imposition of sentence on the convicts, even though his honor Judge Barkon traversed the evidence adduced by the state to be weight and convincing, his Honor Barkon inadvertently overlooked the laws controlling and sentenced the convicts to 25 years imprisonment terms.
That also count six above movants says that under our laws as in Chapter 14 section 14.1 (a) (b) paragraph two says murder is a felony of the first degree but a person convicted of murder may be sentenced to death or life imprisonment as provided in section 50.5 and 51.3 of the penal law of Liberia.
Chapter 14 section 14.70, sub paragraph two and four a person has committed gang rape a first felony, if he or she purposely promotes or facilitates rape or agrees with one or more persons to engage in or cause the performance of conduct. This shall constitute rape and rape is a second degree felony where the conditions set out in section 14(a) (I) to (iv) are not met and that the maximum sentence for second degree rape is ten years, it says.
Chapter 10.3 makes criminal facilities a misdemeanor of the first degree with a imprison term to fixed by the court at no more than one year and Chapter 14 section 10 makes Criminal conspiracy a misdemeanor of the first degree with a imprisonment term to be fixed by the court at no more than one year.
That movant further contends that your honor also inadvertently overlooked the facts that the convicts brutally beat and had sexual intercourse with the victims when they inserted their penis in the private part of the victims, thus resulting to the death of Willet Nyenwlah, who they buried at a secret location under extreme indifference to the value of human life.
Thus, the prosecution furthered that the crime of murder should be treated by his honor Barkon as a capital offense of the felony of first degree while gang rape as a second degree felony; in consideration of the ages of the victims; aggravated assault as a second degree felony. And criminal conspiracy and Criminal facilitation as misdemeanor of the first degree respectively.
Meanwhile, the matter has been assigned for hearing next Monday, September 16, 2019.