FLASHBACK: Senior Pastor D. Franklin Snorton appearing at the court recently
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- The Supreme Court Justice in Chambers, Yusuf D. Kaba has ruled against state lawyers writ of Certiorari filed on January 5,2022 against Judge Yamie Quiqui Gbeisay, that prevented the rape trial of a Philadelphia Church Senior Pastor from starting at the 13th Judicial Circuit Court in Kakata, Margibi County.
Justice Kaba on Monday, January 11, 2021 denied a change of venue motion filed by state prosecutors into Apostle Franklin Snorton’s alleged rape case.
Associate Justice Kaba
The chambers justice denied the writ of Certiorari on grounds that it has no merit and the case is ordered proceeded with at the 13th Judicial Circuit Court in Kakata.
The recent stay order said, by directive of his Honor Yusuf D. Kaba, you hereby cited to a conference on January 10,2022 at 10 am.You are further instructed to halt all proceedings pending outcome of the conference.
Last year, the Liberia National Police in Kakata, Margibi sent Pastor Snorton to court, after he allegedly raped a 21-year-old pregnant woman.
At the call of the case on January 4, 2022, state prosecutor Assistant County Attorney Masayan Matthew prayed court for continuance and to have the case postpone for Wednesday, January 5, 2022. But on Wednesday, January 5,2022, the assistant county attorney filed a motion for he(Atty. Matthew) to recuse himself from the case.
Atty. Matthew’s motion to recuse himself came as the result of he being accused by his senior colleague the County Attorney Deddeh Joma Wilson on ground the he has interest in the case and the said motion was granted by the court presided by its assigned Judge Yamie Quiqui Gbeisay.
On Wednesday, January 5, 2022, Margibi County Attorney Deddeh Joma Wilson filed a submission for the court to grant another continuance into the case, because its material witnesses would not be available for the trial during the week. Most of the material and express witnesses are said to be outside of the bailiwick of Margibi County seeking medication and handling other personal issues.
The Margibi County Attorney further stated that because the testimonies of those witnesses are very important and therefore she can’t proceed with the case without the presence of those witnesses. Some are also said to have felt threatened if the case is held in Margibi County.
She added that her request for continuance was not made not made in faith neither to baffled justice but to give state prosecutors the opportunity to have it’s important witnesses.
In view of the fact and circumstances, mentioned above in accordance with law, it will provide it material witnesses and prayed court to grant it request and all other relief just as aquitable.
Background
In in resisting the submission filed the state prosecutors, defense lawyer Albert Sims said that the submission filed has no support in law and in fact, quoting Chapter 21 section 21.5 of the Civil Procedure Law, which is applicable in this case.
And he also said no postponement shall be made to obtain witnesses unless it assume the satisfaction of the court and proper due diligence that the testimonies will be material relevant and competent.
Defense lawyer, Cllr. Sims added that the application made by the County Attorney fall short of the requirements under the statute.
Cllr. Sims argued that state prosecutor to come and ask for similar purpose requesting another continuance for the same material witnesses is highly contemptuous and the county attorney should be held in contempt.
The defense lawyer Cllr. Sims narrated that the conduct of the County Attorney is in attempt to belittle the court and added that the recourse of the record, the defendant was arrested and indicted in August and jailed. Since then, he has been detained at the Kakata Central Prison in Margibi County, thus denying him the right to free movement as guarantee by the constitution.
He said Article 21(E )of the 1986 constitution of Liberia provides that an accused person accused of committing a crime shall be entitled to a speedy trial.
According to the defense Lawyer, since the defendant was arrested and incarcerated in August of last year, state prosecutor have taken no step to the defendant tried according to law.
Cllr. Sims maintained that the application made by the state prosecutor is delay tactics and intended to keep the defendant in jail to satisfaction of the prosecution and prosecution has shown no effort in producing their witnesses.
Based on the above, fact and circumstances, defense counsel prayed court to deny and dismiss the legally wanting and unmeritorious submission made by the state and order the case proceeded with.
Ruling into the submission made by the County, Judge Gbeisay said that under our law when witnesses are not available, the law requires a party to do due diligence. And the Supreme Court of Liberia has said that due diligence means when the party is having problem to have its witnesses in county, that party should apply to the court for subpoena.
Judge Gbeisay added that the court record revealed that no such request has been made by prosecution and the court said the submission filed by state prosecutor was made in bad faith clearly calculated to prevent the case from going to trial.
He disclosed that the crime for which the defendant in dock was indicted was committed in Margibi County and that the victim who is obviously first witness resides in the same county. The police who did the investigation and forwarded the matter to court resides in the same Margibi County and regularly employed by the government of Liberia and paid to appear in court and testify.
Also the medical examiner who did the examination on the victim also resides in Margibi County or the nearby county who are also on payroll to appear in court and testify.
So to say that prosecution witnesses are outside the bailiwick of the court is totally misleading and the essence of court is to find the truth and to administer justice and punish those who commit crime against the state.
The assigned Judge Gbeisay indicated that the office of the prosecution is to prosecute and not to persecute and it appears to the court that prosecution is only interested in having the defendant incarcerated continuously. But it is not interested in timely prosecution. To have any citizen in jail for one day when the case can be tried in one day is a sign of persecution and not to prosecute.
According to Judge Gbeisay, in the mind of the court, be it prosecution, defense or the judge, all are the arms of Justice in the administration of justice and shall do all in our power to ensure that justice is done.
So to employ dilatory tactic to prolong the detention of an accused is unjust and the court said, the law does not support the motion filed and facts that does not support the motion.
However, be that it may, the court wonders again to bend over and let the record show that the defendant in the dock may or may not be guilty but the crime for which the defendant was charged is a felony of the second degree that is to say a rape between an adult and another adult which is bailiwick.
To deny the defendant of the bail and at the same time refuse to go to trial in the mind of this court as indicated on January 4,2022, is an abuse of the right of that citizen and the court is the vacunm of hope for making should not in any manner or form abuse the right of our citizen.
The court is under duty to ensure that all case appearing before it, especially in cases when the defendants are in pre-tried detention should be tried speedily.
Meanwhile, judge Gbeisay added that the motion for him to recuse himself will be heard on Thursday January 6, 2022 at 9 Am.