The Move Triggering Debate In Legal Cycles Outside The Court
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- After a criminal appearance bond filed by the defense lawyer. Criminal Court “E” has released an alleged rapist, something that has sparked debate within the corridors of the Temple of Justice.
The Court, presided over by Judge Serena Galawolo, recently released an alleged rapist and notorious armed scammer identified as George B. Wade alias Jack Nicholas Davis.
The release of defendant Wade left the victim’s lawyer and prosecutors in shock as to why the judge went ahead to release defendant Wade without any knowledge of the defendant accused of rape was released.
Rape is a felony of the first degree where:
- (i) The victim was less than 18 years of age at the time the offense was committed; or, · (ii) The offense involves gang rape as defined in sub-paragraph 2 above, or · (iii) The act of rape complained of results in either permanent disability or serious bodily injury to the victim; or · (iv) At the time of the relevant act or immediately before it began the defendant threatened the victim with a firearm or other deadly weapon. (b) The maximum sentence for first-degree rape shall be life imprisonment, and for the purposes of bail it shall be treated as per capital offenses under section 13.1.1: Capital Offenses of the Criminal Procedure Law. (c) Rape is a second-degree felony where the conditions set out in section 4(a)(i)-(iv) above are not met. The maximum sentence for second-degree rape shall be ten (10) years imprisonment.
Rape is a non-bailable offense under our Liberian law.
The defendant was filed a 25,000 Criminal appearance bond through Sky insurance company with a convicted murder convict Pinky Abu who murder her boyfriend Morris Johnson in Paynesville in 2019, serving as one of the sureties.
Chapter 13. BAIL
- 13.1. Right to bail.
1.Capital offenses.
A person in custody for the commission of a capital offense shall, before conviction, be entitled as of right to be admitted to bail unless the proof is evident or the presumption great that he is guilty of the offense.
On the hearing of an application for admission to bail made before indictment by a person in custody for the commission of a capital offense, the burden of showing that the proof is evident or the presumption great that he is guilty of the offense is on the Republic.
After indictment for such an offense, the burden is on the defendant to shown that the proof is not evident or the presumption not great.
After conviction for a capital offense, no person shall be continued at large on bail or be admitted to bail except in accordance with the provisions of paragraph 3 of this section.
Criminal court “D” at the Temple of Justice in April of this year, acquitted a notorious scammer identified as George B. Wade, alias Jack Nicholas Davis of crime of armed robbery.
The verdict was handed down by Judge Mameia Jabateh Sirleaf on Wednesday April 3,2024 after final arguments by both defense and prosecution lawyers.
The court in its decision said, prosecution failed to establish a prima faci case against the Defendant.
A prima faci cause is one which is established by sufficient evidence and can only be overturned by rebutting evidence adduced at trial and that prosecution also failed to sustain the principle of burden of proof by not providing a single iota of evidence in order to convict the defendant.
The Court said all the seven witnesses produced by prosecution did not link the defendant to the crime of armed robbery.
Defendant George Wade alias Jack Nicholas Davis was held for multiple crimes and the armed robbery is one of them crimes he has been acquitted.
Defendant Wade was charged with Rape, Sexual Assault, Simple Assault, Terroristic Threat, Felonious Restrain, Menacing, Criminal Coercion, Robbery, Armed Robbery, Forgery or Counterfeiting, Theft of Property, and Disseminating Obscene Materials which contravened Chapter 14; Sections 14.70, 14.77, 14.21, 14.24, 14.51, 14.25, 14,27, Chapter 15; Section 15.30, 15.32, 15.70, 15.51 and Chapter 18; Section 18.7 for purposely, knowingly and intentionally having intercourse with women not his wives and without their consent, in the process causing bodily injuries both physical and psychological, as well as threating his victim(s) with serious bodily harm or death while unlawfully retraining his victim(s) at unspecified locations where he subjects them to involuntary servitude, take nude photos of or video records his victim(s) with the employ of weapons such as single barrel short gun pistol or knife.”
However, prosecution took except and promised to take advantage of the law controlling.
At same time trial jurors of the February Term of court,2024 brought down a guilty verdict against Defendant Joshua Wleh for the crime of Armed Robbery.
In reading the probation report judge Mameita Jabateh Sirleaf In open court said the probation report revealed that the defendant Joshua Wleh is a notorious criminal who has over the years terrorized the chocolate city community in Gardnesville
Meanwhile, Defendant Joshua Wleh was sentenced to (8) eight years in prison.