By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia–Tension heightened at Criminal Court “A” over the weekend, as the ongoing Capitol Building arson trial took another dramatic turn, with the defense mounting a sustained attack on the audio recordings the government is relying on to prosecute the defendants.
Under cross-examination, Rafael Wilson of the Liberia National Police (LNP) admitted that most of the audio recordings presented by the prosecution were irrelevant to the Capitol Building fire and largely centered on political discussions, not arson.
Defense Questions Prosecution’s Core Evidence
Defense lead counsel Cllr. Arthur T. Johnson told the court that the prosecution’s audio evidence fails to establish any direct connection between the defendants and the alleged burning of the Capitol Building.
Johnson questioned Wilson about a recording the state claims captures discussions among defendants about burning the Capitol. According to the defense, the audio only includes a statement in which one speaker asks, “Did you see the fire already?” without mentioning the Capitol Building or any specific location.
Wilson testified that the recordings were extracted from the phone of Thomas, one of the defendants. He acknowledged that investigators found much of the content unrelated to the alleged arson but nonetheless submitted the recordings as part of the state’s evidence.
Johnson further challenged the witness on why recordings with no direct reference to the Capitol fire were brought before the court. The defense also alleged that the audio was doctored and dated December 17, a day when President Joseph Y. Boakai was reportedly present at the Capitol, which was under full security coverage by the LNP and the Executive Protection Service (EPS).
Wilson also conceded that the investigation relied heavily on witness statements and admitted that he could not verify whether some of those statements were written by the defendants themselves.
Defense Raises Torture Allegations
The proceedings took a dramatic shift when the defense accused the LNP and the National Security Agency (NSA) of torturing defendant Eric Susay to extract a confession implicating former Speaker J. Fonati Koffa.
Cllr. Johnson alleged that Susay was beaten for nearly a week, tied to a mattress, and assaulted by individuals allegedly associated with the former warlord “General Butt Naked.” According to the defense, Susay was pressured to claim that he was paid and sent by former Speaker Koffa to burn the Capitol to testify to the former speaker’s arrest.
The defense further claimed that Susay was turned over to the NSA for several weeks, during which agents allegedly stepped on his back, leaving him with injuries he continues to suffer from. Johnson questioned whether Wilson’s investigation ever documented these alleged abuses.
The prosecution objected to this line of questioning, arguing that it was unconstitutional and could incriminate the witness. Judge Roosevelt Willie sustained the objection. Johnson responded that the constitutional right against self-incrimination belongs to the witness, not the court.
Dispute Over Jury Access to Audio Evidence
Defense counsel also objected strongly to the possibility of audio playback devices—and a technician—entering the jury’s deliberation room. The defense argued that only jurors are authorized to be present during deliberations and that electronic devices containing multiple recordings should not be allowed.
According to the defense, only properly admitted transcripts of the recordings, read into evidence, should be available to jurors during deliberations.
“This court does not have the authority to enter the jury’s deliberation room,” the defense argued, insisting that jurors must rely solely on admitted facts and written transcripts, not electronic equipment that could improperly influence their decision.
The prosecution maintained that all admitted evidence, including the audio recordings, would be made available to the jury. The defense rejected this position, warning that allowing playback devices and technicians into the jury room could contaminate the deliberative process.
Trial Continues
Cross-examination of Investigator Wilson continued, with the defense vowing to challenge the prosecution’s evidence point by point. Defense lawyers maintained that the audio recordings raise reasonable doubt rather than prove guilt beyond a reasonable doubt.
The Capitol Building arson trial continues at Criminal Court “A” in Monrovia.