FLASHBACK: Suspect Peach Bility during his first court appearance recently
By Garmah Never Lomo, garmahlomo@gmail.com
In line with the Criminal Procedure Law Chapter 17 section 17.2, lawyer representing the legal interest of Nimba County District #7 Representative Musa Hassan Bility’s son Peach Bility has asked the court to turn over evidence to him for revision.
Peach Bility was arrested in March 2024 on Miami Beach outside Monrovia with alleged drug substances including pistol gun. And Liberia Drug Enforcement Agency (LDEA) charged him with unlicensed possession, sale, and distribution of controlled drugs or substances, before he was forwarded to court.
Criminal Procedure Law Chapter 17§17.2. Pretrial examination of books and records.
The court, on motion, may direct that books, papers, documents, or other things designated in a subpoena duces tecum be produced before the court at a time prior to the trial or prior to the time when they are to be offered in evidence any may upon their production permit such books, papers, documents, or other things or portions or parts thereof to be examined and copies thereof to be made by the parties and their attorneys.
Cllr Micheal Wilkins Wright made the request on Monday May 19,2025.
Former Justice Wright informed Criminal Court C assigned Judge Joe S. Barkon that in keeping with orders of this court, he was served with a copy of the case file on Friday, May 16, 2025 and having perused the file, counsel observes that the demonstrative evidence (FOC) were not listed on the indictment or itemized but were simple mentioned in bulk.
He respectfully requested the court to order the prosecution to make available for inspection by the defendant these species of demonstrative evidence; such as the guns, the alleged drugs and any other form of evidence not stated in fact and this will enable the Defendant to personally observe and inspect these items and inform the Defense Counsel about the observation and the plea of the Defendant prior to Arraignment.
Accordingly, Counsel for Defendant respectfully prays Your Honor for continuance by 24 hours to allow the Prosecution to display to the Defendant the spices of demonstrative evidence and there after the defendant will determine what plea to enter upon his arraignment.
He added that his request is not made for the mere purpose to delay or to frustrate the trail but is intended to enhance the trial because it is in the interest of the Defendant to have a speedy trial of this matter.
Prosecution in return interposes no objection and requested court to have the said FOC made available to the Defendant and his Counsel in open Court so as to certify the request just made.
Meanwhile, the Court has granted Peach Bility’s request and ordered that the disclosure be made on May 19,2025 and then trial resumed on tomorrow, May 20, 2025 at 9:00AM at which time the Defendant and his Counsel will have getting hold of the evidence and will be prepared to proceed. Court takes recess five minutes or less.
After the evidence were made available to the defense lawyer, prosecution asked court to qualify their witnesses in order to enable them identify the item and contraband that were seized from the Defendant Peach H. Bility.
The Prosecution witness/witnesses who have been called upon to give description of the items of FOC in question the court hereby ordered that the arresting officer may proceed to identify said item to the Defendant.
Prosecution begs court for continuance for Wednesday, May 21, 2025 to enable her produce witnesses if necessary to testify to the rest of items (FOC) that are yet to be identified which include but not limited to several assorted items associated with drugs trail.
This request is not made in bad fate but intended for the administration of substantial justice. And submits
Counsels for Defendant interpose no objection to this request made by one of Counsels of Prosecution.
However, the Court says that the request made by Prosecution to provide addition witness(es) to identify those items consider as FOC for Prosecution that were not identified on May 19, 2025 during the exercise of discovery for Wednesday, May 21, 2025 at 9:00AM, said request is hereby noted.
The Court warned that the essence of this exercise is to provide the space for transparent justice for both parties and if on Wednesday, same being May 21, 2025 at 9:00AM, the exercise of identifying those additional substances on the discovery will not be possible, or there will be some challenges or dialog then the matter will be ruled to trial so that both parties will be heard to reach a final conclusion in this case.