10 April 2008
editorial
IT HAS BEEN reported in the country that the government has granted the defense team the necessary green light for the conduct of another autopsy to be performed on the interred body of Angel Medieh Tokpah. In consummation of this grant of leeway, it is known that some experts in the seemingly lucrative field are on the way to conduct what amounts to a third investigation of the same infamous incident in the land.
WHILE THE RULE of law is the cardinal course to pursue under any and all circumstances under our context, it is nonetheless, appearing that those with raw cash can bend it to their whims and caprices. It is the same government which conceded for the conduct of the first two investigations that came up with totally contrasting conclusions. It is also the same government that saw logic in the gravity of evidence in the last autopsy report to implement the sentencing of the couple to common jail. Now, it is the same government that seeks to be on the side of the law by conceding another autopsy that requires the exhumation of the victim because the interests of some higher members of this society are involved and that they have the financial wherewithal to go through the process.
THE GOVERNMENT MUST take note of the fact that the first autopsy report took so long to be released to the public and when it was finally released, it provoked uproars because of the lack of sense by ordinary standards. The report from the second autopsy was straight forward, pungent and incisive. It pointed out amongst other things that the victim had been strangled to death and hanged after being subjected to sexual molestation. The second report further revealed that the body upon physical examination did not have the private parts intact, which led to the pathologists inferring that the motive for the extraction of such parts would of necessity be to destroy evidence of the sexual molestation. Now these compelling evidences are being swept aside for further experts to unravel and unmask the "truth" according to how the defense and their attorneys want it projected.
IN GRANTING THE LAST concession to the defense, which amounts to ingloriously disturbing the composure of a minor that has been wronged to the death, the government not only demonstrates its true posturing and initial coloring of siding with bloodstained hands. The issue before public opinion is not which part of the dead body can be examined to determine the culpability or freedom of the convicts free. What is paramount to note is that a minor under the foster care of 'a reasonable couple' died allegedly by hanging herself in the bathroom of the foster aunt's husband and that no clue could be gathered until two autopsies were carried out for the public to get any raw ideas surrounding the death.
NO MATTER HOW the calculus is solved, the barest denominator remains that a budding life has been mindlessly ruined and gruesomely eliminated! Whoever trivializes life and enjoys life of happiness in a society where leaders swear to uphold the Constitution and laws of the Republic? Let this rule of law take its course but whatever fizzles through, little Angel, worthy of that divinely creature's name, cannot die like gruesomely like an ant and be buried as a nonentity. No longer can prison term be equated to the rushed curtailment of another's life. Lawyers must and should be discerning enough to plead cases that have strenuous emotional agonies on the morality of society.
AS WE HAVE said inter-alia, the issue before Liberians and which the paid lawyers are to ably perform their devil advocacy role in this particular case lies in absolving the defendants from any culpability in the death of the minor within their charge. And this goes poles apart from any deoxyribonucleic acid (DNA), Hemoglobin or other such loud mouthing scientific mumbo jumbos. So, let the third series of experts come and do what they are capable of doing.
LEST WE FORGET, Angel Togba is a landmark case that tests our homogeneity as a people. We are thus looking and recording our observations. The justice that started sometime ago must be seen to be done. And even as we say so, we believe that such a case cannot go on interminably with experts repeating what others have done before. We believe that the choosing of such professionals must be based on their educational attainments, length of experience and solid attestations in professional circles. The government cannot and must not allow all experts to roam this tiny village after one case.
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I think this is a great editorial article about this little and innocent child especially when one imagines the pains and sufferings she endured during the alleged sexual encounter. I also feel the pains and agony that her parents had and continue to endure. As one that has and continues to follow up this story, I am left with a lot of unanswered questions. Among these are: 1. Why was a non trained pathologist allowed to conduct the first autopsy on this girl's corpse? 2. What has been done with parts; especially (the child's private parts) that were extracted by the Medical Doctor who performed the initial autopsy? 3. Did I read it right some times ago in your paper or one of the local papers on line that this Medical Doctor did extract such private parts for the sole purpose of DNA analysis? 4. How were they preserved? 5. Is it true that the M.D., who initially performed the autopsy is a relative to the defendant? 6. Why must the autopsy findings of a non trained and non certified pathologist be enbraced by the defendant's lawyers but the findings of a trained and certified pathologist with over twenty years of experience be rejected by said legal team because of an alleged language barrier? 7. What if this autopsy has been performed by a pathologist whose official language was latin, the official language of medicine?
As many questions remained unanswered about the brutal and sexual abuse of an innocent child, thus sending her to her early grave; the Liberian legal system will only vendicate itself in the eyes of the civlized world when it can make sure that no legal maneuverings of any kind will ever prevent the perprtuator (s) of this shameful and uncivilized act from being brought to justice. Whether the defendant (s) is or are found not guilty by means of DNA, the parents of this child should not only be encouraged to file a law suit for wrongful death but must be equiped or educated by the Liberian legal system or all concerns in pursuing justice. This is and must be done like in the case of O.J.Simpson for the wrongful death of Nicole Brown following his "not found guilty verdict" in the criminal trial of said case.
Thanks for the space. L.Coleman,M.D.