FLASHBACK: Defendant Nagbe in orange T-shirt entering the Court in Fish Town during the November 2020 term of court
By Garmah Never Lomo, garmahlomo@gmail.com
The County Attorney of Maryland County Philip G. Whiegar is said to have been playing a role which should have been played by Defense lawyers in a rape case, thereby leading to the release of the defendant in Liberia’s southeaster Maryland County.
Defendant Johnson Nagbe of the “Jesus is coming church” was indicted by the ground jurors of the 15th Judicial Circuit Court in River Gee County during the August A. D. term of court for the crime of Statutory Rape in violation of Chapter 14 section 14.70 of the new penal code of the republic of Liberia.
Nagbe was indicted for allegedly having sexual intercourse with a 13-year-old girl three times and told her that she could be his second wife, since and he his first wife were reportedly on separation.
It involves one Johnson Nagbe, who allegedly raped a girl in Maryland County but the case was later transferred to neighbouring River Gee County. In Liberian law, the crime of rape is a nonbailable offense.
In what some legal watchers say is a “poor excuse”, Atty. Whiegar, said defendant Johnny Nagbe has over stayed in prison without his case being heard, something he said is a violation of the defendant right.
The County Attorney’s move came despite the fact that the rape victim and witnesses were available to take the stand in court.
County AttorneyWhiegar, people close to this case say without taking into the consideration the quest for justice by the rape survivor and family members, the defendant in question was released on a nulle prosequio motion, instead of the defense lawyers filing motion of dismissal; if they think their client right was violated.
The Maryland County Attorney justified his action that the defendant has spent one year behind bars without his case being heard.
But his action has been seriously condemned by human rights advocates and the Gender Coordinator of RiverGee County.
Speaking to www.newspublictrust.com via mobile phone, Atty. Whiegar defended his action, saying that he filed a motion to Nulle prosequio in line with Chapter 18.1 of the Criminal procedure law of Liberia.
When the case was called during the November A.D. 2020 term of Court, defendant Nagbe through his lawyer filed a motion for change of venue to Maryland County on grounds that there was high sentiments from citizens in the county concerning him when the incident that occurred.
But the motion was never objected to by state prosecutor Wesseh A. Wesseh, who is Assistant Justice Minister for Litigation, because it is the right of the defendant to file a motion for change of venue, if the defendant won’t get fair trial.
Defendant was to be transferred in Maryland County when his motion for change of venue was granted by the court due to transportation constraint to take the defendant to Maryland County Central Prison but thankfully, he was still kept at the Fishtown Central Prison, if he would have been taken there, he could have been among those inmates and convicts who escaped the prison during March demonstration by motorcyclists over the death of their colleague.
After his unconditional release, some of Pastor Nagbe’s supporters have been jubilating in Fishtown, after his release on September 15, 2021.
Change of venue motion
“The 15 Judicial Circuit Court in Fishtown, RiverGee county headed by Judge George W. Smith Thursday November 19, 2020, granted a change of venue motion filed by the head of public defender in RiverGee county Atty. Amos Nyenatoh.
Atty. Nyenatoh filed the motion of change of venue on Wednesday November 18, 2 020, on behalf of his client.
The court took into consideration count two of the four counts filed in the change of venue motion by the defense lawyer, which says the movant/ defendant has stated that during his arrest and subsequent interrogation at Fishtown River Gee county police “he observed an incredible huge crowd of people whose sentiments were too strong some of whom were being so conclusive as to his guilt.”
Count three of the motion stated that he has reason to believe that an impartial and fair trial will not be had in River Gee County (Fishtown) where the 15th Judicial Circuit Court is located, the court notes.
“Judge Smith added that these averments are contained in movant’s / defendant motion, this court says is one of the grounds under their statute upon which an application or motion for change of venue may be granted by the court if the defendant had reasons to believe that an impartial trial cannot be had in the county in said case RiverGee county in which the case is pending.
Narrating further, Judge Smith cited section 5.7(1)(b) of the Criminal procedure law and under their law an application for Change of venue must be verified or sown to but unfortunately, the motion for change of venue is not verified or sown to. But the court takes judicial notice that movants/ defendant Johnson W. Nagbe was arrested in Fishtown, where public sentiments were so strong and therefore, there is a reason to believe that an impartial trial cannot be had in said jurisdiction and it is under said action, the court takes judicial notice of this part that impale the court to Grant movants/ defendant motion for change of venue.
Wherefore, in view of the foregoing, this rape case of defendant Johnson W. Nagbe and proceedings thereto was ordered transferred to the 4th Judicial Circuit Court in Maryland County which the court think is nearest and convenient jurisdiction and the clerk of court was ordered to record the order of transfer and shall transmit to the clerk of the 4th Judicial Circuit Court to which the case is transferred.
Furthermore, the sheriff of the court was ordered to send all satisfied copies of the proceedings thereto and also deliver the living body of defendant Johnson W. Nagbe to the sheriff of the 4th Judicial Circuit Court in Maryland County.
In his four counts motion for change of venue filed by the defense lawyer stated that if the case is heard at the 15th Judicial Circuit Court, the defendant Nagbe will not be fair and impartial trial on ground that there were strong sentiments by citizens of the county against him during his arrest and subsequent interrogation by the Liberia National Police.
Something he said, he was being pre-judged and his guilt was determined by the citizens.
The rape survivor is defendant Nagbe’s wife aunty who starting living with them when she was seven years old. Apart from using his penis in her, he also used his two middle index fingers in her and inserted his penis in her private part and sexually abused her, after which he threatened to harm her if she tells anyone the story.
His sexual abuse against the survivor led to excessive bleeding and pain, and medical report from the Fishtown referral hospital disclosed that the survivor was badly tempered with.
Meanwhile, the motion for change of venue filed by the public defender Atty Nyenatoh, the Justice of Justice represented by Cllr. Wesseh A. Wesseh interpose no objection because it is the right of the defendant and the state to ask for change of venue when necessary according to Supreme Court opinion.”