PHOTO: Oliver Dillon being greeted by jubilant crowd of family members and friends as he left the Court
By Garmah Never Lomo, garmahlomo@gmail.com
KAKATA, Liberia- Jurors of the 13th Judicial Circuit in Kakata Margibi County has brought down a unanimous not guilty verdict against defendant Oliver Dillion, brother of opposition CPP Senator of Montserrado County, Darius Dillon.
The 13th Judicial Circuit Court in Kakata Margibi County has heard final argument in the politically motivated murder trial involving brother of Montserrado County Senator Oliver Dillion on Thursday, January 14, 2021.
The argument lasted for 1 hour thirty minutes each for both parties in this case presided over by Judge Joe S. Barkon..
During the final argument, state Prosecutors headed by Montserrado County Attorney Edwin Kla Martin argued that self-defense does not lies in the claim of defendant Oliver Dillion, who is an employee of the Transport Ministry..
According to state Prosecutors, the theory of self-defense can only hold if your life is in serious danger which of course defendant Dillon was never such condition because his attackers were not carrying harmless weapon but there are four elements of self- defense.
Oliver Dillon (previous photo)
The four elements are: An unprovoked attack which threatened imminent injury or death, and an objectively reasonable degree of force used in response to, an objectively reasonable fear of injury or death.
State Prosecutors further argued during the final argument that defendant Dillon didn’t show any remorse at all stage of the trial but rather defendant Dillon has the intent and malice to do such by taking knife with him when he went to get his belongings from his vehicle parked at the Ganderville, Supermarket somalia Drive on April 12,2019 about 11pm.
While, defense headed by Cllr. Wilfred A. Sayeh argued that malice and intent doesn’t lies in the murder case of defendant Oliver Dillion.
They also argued that the police report described the crime scene as criminal infested place where criminal has rained terror on peaceful citizens in the area.
The defense lawyer further argued that intent and malice which is the element for murder can not lies in this case because defendant Dillon never took the knife purposely to kill that particular deceased Emmanuel Kofa.
Cllr. Sayeh also argued his side of the case that the deceased ran into his client knife on his side after he was attacked by a three gentle men with one having sissor in his hand.
He also cited in inconsistency in Prosecution witnesses testimonies.
In closing their side of the case, defense lawyer prayed court and jurors to hand down a not guilty verdict against defendant Dillon and also says that the Dillion show remorse by take the responsibility of the deceased funeral and burial.
Also Prosecution closing their side of the argument said they are not prosecuting defendant Dillon because of his name, connection and tribe but want Justice to be served.
State Prosecution there prayed court and jury to hand down a guilty verdict against defendant Dillon for coming in conflict with the law Chapter 14 section 14.1 of the New penal law of the Republic of Liberia.
Defendant Oliver Dillion was indicted during the November 2019 term of court for the crime of murder.
The defendant pleaded not guilty in open court when his indictment was read to him on November 16,2020.
The trial was relocated from the capital to Kakata, over 73 kilometers from Monrovia last year and the suspect has denied the murder charge brought against him. And the case is presided over by Judge Joe S. Barkon.
Defendant Dillon, brother of Montserrado County Senator Darius Dillon and an employee of the Transport Ministry, was charged with murder by the Liberian National police in violation of Chapter 14 section 14.1 of the revised penal law of Liberia and forwarded to in April of 2019.
During the court proceedings, state Prosecutors produced three general witnesses, two rebuttal witnesses and one subpoena witness but the subpoena witness testimony was struck down on grounds that it has nothing do with the case.
Defendant Oliver Dillon
The state Prosecutors has totally rested in with the production of both documentary and oral evidence and submit its side of case for the justification of the crime charged for final argument on Thursday January 14, 2021.
Background to the case
The murder case involving Defendant Oliver Dillion emanated from the Criminal Court A at the Temple of Justice but was later granted bail after his lawyer Cllr. Sayeh filed a motion to admit to bail but the state filed a writ of Centiorari to the Supreme Court of Liberia in which the ruling made by Judge Roosevelt Z. Willie was reversed by the then Justice in Chambers Joseph N. Nagbe
Following the reversion of Judge Willie ruling in granting the motion to admit to bail by the Supreme Court, state lawyers filed a motion of recusal against judge Willie which argued by both state and defense lawyers and granted by judge Willie where he recused himself and sent the case to Criminal Court B headed by Cinnah Clinton Johnson and after weeks into the trial at Criminal Court B, state lawyers again filed a motion of change of venue to Cape Mount.
That motion was argued again by both state and defense lawyers in which the judge deems to transferred it to the 13th Judicial Circuit Court in Kakata Margibi County.
Trial transferred to Margibi County
After the case was transferred to Margibi County, it commenced during the February 2020 term of court when both Montserrado County Attorney Edwin Kla Martin and Liberia’s Solicitor General Syrenius Cephas delayed in prosecuting the matter, then presiding Judge Maedea Chenoweth granted defendant Oliver Dillion bail on March 19,2020, something that prompted state lawyers to file Bill of information to the Supreme Court of Liberia against Judge Maedea Chenoweth for granting defendant Oliver Dillion bail but the Supreme Court in it September 2020, opinion ruled and held judge Chenoweth for contempt of court and also said that judge Willie of Criminal Court A was in error for rescusing himself from the matter. The Supreme Court in it ruling said Oliver Dillion can’t be placed behind bar but rather he report to the court three times in the week to have his name recorded in the attendance and failure on his part, he will be placed behind bar but defendant Dillon has since been corporating with the Supreme Court mandate.
While, the Defense produced three witnesses during the trial proceedings. The Court presided by Judge Joe S. Barkon for this term of court has requested both parties to send their legal memoranda on or before Tuesday January 12,2021. Defendant Oliver Dillion has continued to be represented by Sayeh and Sayeh law firm headed by Cllr. Alfred Sayeh and Augustine Toe. While the state has been represented by Montserrado County Attorney Edwin Kla Martin and Liberia’s Solicitor General Syrenius Cephus.
The murder case involving Defendant Oliver Dillion has lasted for nearly one year, with the resident judge Mardea Chenoweth been held for contempt of court by the Supreme Court of Liberia in September of last year for releasing the defendant on bail The 13th Judicial Circuit Court in Kakata Margibi County, headed by the then resident Judge Mardea Chenoweth. Judge Chenoweth granted Defendant Oliver Dillion bail in his ongoing murder trial, until the state is ready to continue the case.
Bail granted but…
The bail was granted on Thursday March 19, 2020 for the Transport Ministry employee. Defendant Oliver Dillon allegedly killed Emmanuel Freeman Supermarket on the Somalia Drive on April 20,2019 after he forgot his reading glasses, computer and cell phone in his vehicle, which was parked at the supermarket; when he confronted by three alleged criminals who have deadly weapons came rushing on him as he approached his vehicle.
The court said the criminal appearance Bond should be filed within 72 hours. Judge Chenoweth disclosed that on 17 March 2020, the state filed a ten counts motion to recuse that is, for the judge to rescue herself from the ongoing trial and said motion was assigned for Wednesday, March 18, 2020. But on the same day, March 17, 2020, the court received an excuse from the Solicitor General Cllr. Sayma Syrenius Cephas and in that excuse, he requested for the motion of recusal to be heard on Thursday, March 19, 2020.
The excuse reads: I respectfully request your honor to please grant me an excuse from the hearing of the motion to recuse filed by prosecution in the above title cause of action, which motion was assigned for hearing on Wednesday March 18, 2020. The excuse says: “Kindly allow me to appear instead on Thursday, the 19th day of March 2020 and said request was based on the fact that he Solicitor General Cephas has matter (Appeal/petition for writ of Certiorari) pending before the Supreme court and assigned for the same date and time (Wednesday March 18, 2020) when the motion to rescue is scheduled to be heard. Please see attached copy of reference citation from the Honorable Supreme court, Republic of Liberia, thank for your consideration and respectfully Cllr. Sayma Syrenius Cephas, solicitor general and chief prosecutor Ministry of Justice.” The 13th Judicial Circuit Court Judge Chenoweth in Thursday’s ruling said, ‘they have come to court and the Solicitor General was not in court, neither did he send in any excuse or send any other lawyer from the Ministry of Justice to represent the Ministry of Justice.