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Liberia: State Witnesses Cannot Be Located
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The NEWS (Monrovia)
2 April 2008
Posted to the web 2 April 2008
Precious S. Seboe & Robbie Semple
Monrovia
State prosecutors in a rape case involving a nine-year-old victim and a 40-year-old suspect, Musa Solomon Fallah have failed for the second time to produce material witnesses to testify on their behalf.
In his submission for continuance at the Criminal Court 'A' at the Temple of Justice Tuesday, Assistant Montserrado County Attorney Tamba Gborie informed the court that prosecution was unable to locate its witnesses.
The prosecution had earlier requested for continuance Monday when they claimed that their witnesses could not be located within the bailiwick of the court.
"Until 8:30 Monday night, the police toured the whole of Clara Town to locate the victim and her mother, but to no avail," Attorney Gborie claimed.
He stressed that the witnesses are important to the case as such, prosecution cannot continue without their testimonies.
He further requested the court for continuance to allow prosecution locate its witnesses.
In counter-argument, the defense team said the submission made by the state was intended to delay proceedings, thereby denying the defendant his right to speedy trial.
"The material witnesses should have been informed one year ago," the defense lawyer roared.
Following argument, presiding Judge Peter W. Gbenewaleh granted prosecution's submission for time.
The Judge emphasized that the court would not grant any continuance if the state fails to produce its witnesses.
"This court rules that prosecution's application, though contrary to the constitution, is hereby granted, but if she fails to produce the victim and her mother on Tuesday, April 8, 2008, the trial will proceed," the judge maintained.
Defendant Musa Solomon Fallah was indicted in March 2006 for allegedly raping a nine-year-old girl in Clara Town.
It can be recalled that following the first trial, defendant Fallah was sentenced to seven years imprisonment in 2007 by Judge James Zotaa, but amidst pressure from defense lawyers, the Judge reversed his ruling and later sentenced Fallah to life imprisonment.
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However, defense took appeal to the Supreme Court. The High Court sent the case back to the lower court for retrial which is currently ongoing.
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