PHOTO: Philadelphis Pastor Snorton (wearing nose mask) being escorted to court on Wednesday
By Garmah Never Lomo, garmahlomo@gmail.com
KAKATA, Liberia- Once again the trial of the senior Philadelphia Church Pastor, Apostle Franklin Snorton for alleged rape has failed to kick off here in Margibi County, 84 kilometers east of Monrovia, but this time due to a Supreme Court Stay Order.
The case was due to have started on Tuesday January 4, 2022, but it was postponed because of a reason beyond the court’s control.
Rape is a second degree felony and it is a nonbailable crime in Liberia. President George Manneh Weah last year declared rape a “national emergency”, amid an upsurge of the act in the country.
The Liberian National Police in Kakata sent to court a senior Pastor Snorton to court on August 23, 2021, after being charged with the crime of rape in violation of Chapter 14.70 of the New Penal law of Liberia.
The Supreme Court Justice in Chamber, Yusuf D. Kaba on Wednesday issued a stay order on the alleged rape case involving the Philidalphia Church pastor, Apostle Snorton, following a writ of certiorari filed by state lawyers headed by the Assistant Justice Minister for Litigation, Wesseh A. Wesseh and Margibi County Attorney, Deddeh Joma Wilson.
It came after Judge Yamie Quiqui Gbeisay denied their motion for change of venue
On Wednesday, January 5, 2022
The stay order says, “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.
At the call of the case on January 4, 2022, state prosecutor Assistant County Attorney Masayan Matthew prayed the court for continuance and to have the case postpone for Wednesday January 5,2022 but at the call of the case 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 a result of him being accused by his senior colleague, County Attorney Deddeh Joma Wilson that he has interest in the case, thus the said motion was granted by the court presided by its assigned Judge Yamie Quiqui Gbeisay.
On Wednesday January 5, 2022, at the call of the case, County Attorney Deddeh Joma Wilson filed a submission for the court to grant another continuance into the case because it material witnesses will not be available for the trial during the week, because most of its material and express witnesses are 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 and some have felt threatened if the case is being 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.
In in resisting the submission filed state prosecutor, defense Lawyer, Cllr. Albert Sims said, the submission filed has no support in law and in fact Chapter 21 section 21.5 of the Civil procedure law which is applicable in this case and it 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 and 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 him, 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 diatory 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 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 and the police who did the investigation. And that report was 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 that it appears to the court that prosecution is only interested in having the defendant incarcerated continuously but is not interested in timely prosecution.
To have any citizen in jail for one day when the case can be try in one day is 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 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 bent 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 vacuum 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 those case when the defendant are in pre-tried detention should be tried speedily backward to grant this prosecution motion against the modification that this matter is reassigned for tomorrow which is on the 6th of January 2022 at 9am failure or the part of any party to proceed to trial, the court shall proceed according to law.
Meanwhile, Judge Gbeisay has added that the motion for him to recuse himself, will be heard on Thursday January 6, 2022 at 9am.