PHOTO: (L-R) Justice Sie A-Nyene Yuoh; convicted kidnapper James Dukpo
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSITICE, Monrovia- After spending barley five days in prison for being found guilty of kidnapping a 3-day-old baby in Grand Bassa County, the Justice in Chambers at the Supreme Court of Liberia, Sie A-Nyene G. Yuoh has ordered the release of James S.K. Dukpo.
Mr. Dukpo, age 58, was found guilty last Friday, September 4, 2020 by the Second Judicial Circuit Court in Buchanan, Grand Bassa County, 88 miles from the Liberian capital, Monrovia.
On March 16, 2020, the 3-day-old baby went missing at LAC hospital after the missing baby mother gave birth at Zondo mission clinic on March 13, 2020, but she was transferred to LAC hospital based on medical complications from the local clinic in the area.
The missing baby mother said despite the Second Judicial Circuit Court Judge’s ruling in her favor, she still not happy that her baby is yet to be found, after the child was at the LAC health facility, which is fenced and guarded by security.
The case, which commenced on June 17 to September 4, 2020, finally ended last week, with the man being found guilty and incarcerated at the Buchanan Central prison, awaiting sentencing.
missing baby mother
It is not yet known on what basis Justice Yuoh ordered the release of the man, who was convicted by Resident Judge Joe S. Barkon.
But the latest order followed a petition for a Writ of Prohibition filed by the convict’s lawyer, Cllr. Albert Sims.
The order states: by directive of her Honor SIE-A-NYENE G. Yuoh Associate Justice presiding in Chambers to Judge Joe S. Barkon of the second Judicial Circuit Court in Buchanan City, Grand Basaa County that he is hereby cited to a conference with Honor on Tuesday of September 15,2020.
Meanwhile, you are hereby ordered to return to status quo Ante have petitioner released on his bail and stay all further proceedings and actions in the matter of which the above captioned case grew pending outcome of the conference.
A Writ of Prohibition is a writ directing a subordinate court to stop doing something the law prohibits.
The Court ruled that Rachel David whom the child was left with to take care when the missing baby was given a bath and the testimony was a direct evidence and not circumstantial, because it is based on her personal knowledge or observation of the situation; accounting for the child being allegedly taken away by the defendant James S. K. Dukpo. And her testimony is not presumed neither inferred.
In order to determine the legal issue of the case, a question whether or not prosecution proved their case beyond a reasonable doubt of the crime of kidnapping, as charged against the defendant in the indictment was been raised, the court ruling said.
In answering the said question, the court said the Criminal Procedure Law of Liberia title 2 of the ILCLR Chapter 2, section 2.1 says that a defendant in a Criminal action is presumed innocent until the contrary is proved; and in the case of a reasonable doubt whether his guilt is satisfactorily shown, he is entitled to acquittal.
Chapter 14, section 14.50(1) defined kidnapping if he or she unlawfully removed another person from a place of residence or business, or a substantial distance from the vicinity or if he or she unlawfully confines another for a substantial period in a place of location for the purpose to hold in a condition of involuntary servitude or to inflict bodily injury on or terrorize the victim among others.
The 58-year-old convicted kidnapper is an employee of LAC and he works as a cleaner, who during his testimony said he was assigned on the general and operation ward of the hospital on the day of the incident (March 16, 2020).
Judge Barkon added, from the facts and circumstances as narrated by defense witnesses which showed that those testimonies have not in any way proved or supported the defense of alibi being invoked by the convict James S. K. Dukpo that he was not at the Emergency Room at the time the crime was committed.
The second Judicial Circuit Court Judge maintained that to prove alibi, the convict was under obligation to provide convincing evidence before the jury de facto, after state lawyers provided their evidence linking him to the commission of the crime or he could brought his supervisor who supervise them or the environmental technician who does the inspection of the cleaners.
Alibi is defined as an effective defense in a Criminal case because of its character of proving the physical impossibility of a person being in more than one place at the same time.
The court said prosecution this case proved its case beyond all reasonable doubt linking the defendant to the commission of the crime of kidnapping for which the convict was under obligation to prove his alibi convincingly before the court to prove his impossibility. In addition, it has to prove the impossibility of him at the place where the crime was committed at the same time, be in the operation room (OR) and general ward, something he didn’t do therefore his defense for alibi is not convincing of and it crumbles.
On June 17, 2020, defendant James S.K. Dukpo was arraigned in open court and pleaded not guilty to the crime of kidnapping, thereby joining issue with the state.
During the proceedings of the case, state lawyers produced seven general witnesses and three rebuttal witnesses while the defense produced six witnesses.
Convict Dukpo waved jury trial and agreed to bench trial.
The man was wearing jeans trousers, white t-shirt, nose mask and hand gloves on March 16th 2020 walked into the emergency room and took the baby, whose whereabouts are not known up to now.
After the baby went missing, residents of Zondo mission troops at the LAC hospital facility demanding the living body of the child. And also in March of 2019, an employee of LAC who was admitted at the same hospital also went missing and was later discovered after some weeks.
Wherefore and in view of the foregoing facts and circumstances and the laws application herein above, it is the final judgement of this court that the convict James S.K. Dukpo is guilty of the crime of kidnapping and his Criminal appearance bond is hereby set aside and clerk is ordered to have the convict incarcerated pending sentencing, Judge Barkon’s said in his ruling.
The probation section of the court is to conduct a presentence survey of the convict’s character and report same within five days for the sentencing of the convict consistent with their law and practice.
The state was represented by Cllr. Samuel S. Jacob and others prosecuting attorney while the convict was being represented by Cllr. Albert Sims and others.
Defense Lawyer, Cllr. Sims has taken exception to the ruling of the court and promised to take advantage of the law controlling.
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