The Inquirer (Monrovia)
5 May 2008
Monrovia — The Criminal Court 'A' at the Temple of Justice has declared retired General Charles Julu and Col Andrew Dorbor, formerly of the Armed Forces of Liberia (AFL), not guilty of the crime of treason.
The two men were acquitted of the crime by the court when the Presiding Judge, Peter Gbyenewleh, handed down final judgment in the case last Friday.
In his final ruling after the defense and prosecution lawyers had earlier argued before the court, Judge Gbyenewleh said it was the final judgment of the court that the two defendants are not guilty of the crime of treason and are therefore discharged from further detention and not to answer to the charge of treason brought against them by the state.
Judge Gbyenewleh declared in the ruling that the constitutional rights of the defendants were thereby restored and directed the clerk of the court to issue a commitment for the release of the defendants and place same in the hands of the sheriff of the court for the immediate release of the defendants from further detention.
Judge Gbyenewleh, whose ruling lasted for over four hours, said what was left with the court to decide was whether or not prosecution lawyers established sufficient evidence beyond all reasonable doubt that would warrant the conviction of the two men.
On the prosecution's claims that series of meetings were held by the former leadership of the Armed Forces of Liberia (AFL) and that at one of those meetings, which the prosecution said was held at the residence of defendant, Charles Julu in Congo Town, where the former soldiers collected LD$50.00 each to buy stationeries; hire lawyers and for transportation. Judge Gbenewleh said it was the view of the court that the meeting did not constitute any evidence of treason since it was not disclosed whether the money was intended to support subversive activities.
Relative to the prosecution's claims that Col. Dorbor visited the Congo Town residence of General Julu early February 2007, the court said contrary to that, one of the prosecution witnesses, Mark Abla said the meeting held in Guiglo, in The Ivory Coast to plot the alleged subversive act was held in February. The judge said it is unthinkable, unbelievable and humanly impossible for Col. Dorbor to visit General Julu at that time of the month and be in Ivory Coast at the same time to participate in Ivorian meeting.
The judge stated further that the testimony of witness Abla was contradictory and therefore lacked credibility.
According to Judge Gbyenewleh, he told the court that the prosecution also failed to produce the video recording and the statement made at the meeting held to carry out the alleged subversive act adding, that the court says, "The burden of proof lies on the accuser."
He said in the ruling, the prosecution failed to prove the charge of treason as laid out in the indictment against the defendants and that the statement by state witness, Junior Gaye that he received a call from Armah Youlu and not General Julu during his testimonies for the provision of some military uniforms and AK- 47 riffles to carry out the alleged plan, created another doubt on the minds of the court as Mr. Youlu is not on trial before the court.
Relative to defendant Dorbor's confession to the alleged plot reportedly made at the National Security Agency (NSA), during investigation, the judge said those statements were inadmissible as any judge who will consider such statements from an accused person in a legal proceeding would be committing errors.
He added in the ruling that the court granted a motion for deposition in favor of the prosecution for them to produce two witnesses from the Ivory Coast who were the alleged dealers of the arms to be used for the plot and the arresting officer of Col. Dorbor in Ivory Coast but contrary to that, the prosecution failed to produce the two individuals but instead they brought before the court an investigative report.
He said it was the view of the court that the absence of those two Ivorian officials who were relevant in the treason case to have corroborated the testimony of the prosecution beyond all reasonable doubt.
He said the court did not request the prosecution for investigation as the government delegation only went to the Ivory Coast for a deposition stressing that in the absence of a deposition, there can be no exhibit. He said the report was never examined by the defense and as such, it can not be considered credible and therefore it has no legal bearing on the case.
State lawyers led by Montserrado County Attorney, Samuel Jacobs, took exception to the judge's ruling and promised to take advantage of the relevant statute into the matter.
Meanwhile, Justice Minster Cllr. Philip Banks, has expressed surprise over the judge's ruling into the matter stressing that the ruling shows the incompetence of the judge. He said with the kind of evidence adduced by the state in the matter, it was surprising that the judge would hand down such a ruling.
He said the state is however not deterred by the ruling and that it was still gathering more evidences to pursue the matter.
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You called the Justice minister a disgrace to our country, yet, you thought that Julu should be in the Hague like Charles Taylor. Go in the Hague for what? When will Liberians start convicting their fellow countrymen based on rumors and lies? I bet you have no facts whatsoever for wanting Julu in the Hague. Please clearly outline reasons for Julu to appear before the world court. If not then leave the man alone.
Twuyesoe
I just want to say this to Min. Banks if we are to judge our self, I think Philips Banks and the so call president of Liberia should face justice for killing the Liberian people. What can Banks say about Charles Taylor, Prince Johnson and Ellen Johnson? You and your boss need to go to the Hague for killing the Liberian people.
S.Freeman:
fellow liberians I don't know the details of the alleged coupe but if we do believe in liberity and justice for all then Charles Taylor should not be the only one at The Hauge. Every other Liberian warlord committed crimes against our people and should be with mr Taylor at The Hauge. We as Liberians must learn to control our own destiny by indicting these people with war crimes instead of waiting for them to become enemies of The US before they can be brought to justice. Though most Liberians supported differant warring factions, it would be unfair to allow Taylor to face justice but the other warlords whom we and US favoured during the war walk with impunity. This my friend, is liberty and justice for some and until we reconize the manipulation of the western world in our national politics, we will continue to be their dummies and dance to the beat of their drums. Now is the time for us to do something for peace and justice in Liberia.
I am no fan of either General Julu or Colonel Dorbor. But I think for a long time now, at least Justice have been done to these Liberian despite their past. I am amazed at the remarks made by the Justice Minister. How dare you call a presiding Judge incompetent. You are a disgrace to our country. I don't know Charles Julu. But I know and have read enough to conclude that he belongs to the Hague where Charles Taylor is being tried right now. Not just him alone. You as the chief prosecutor have failed to proof your case beyond a reasonable doubt. You are to be ashammed of yourself. You have shown that you have no respect for the office that you hold and infact our fragile Justice system. Gone are the days where the State use to make up bogus charges and level it against innocent citizens and just throw them in jail indefinately. Our current President is my living example. I don't think I have to eladorate further. I am not sure she is aware of your remarks.Because this calls for your resignation. You cannot disrespect our Judicial system by insulting a presiding Judge when you loose a case, and at the same time hold the office of Justice Minister. Sir you need to hold a press conference and apologize to the President and turn in your resignation. This is necessary because your remarks as the Justice Minister and chief prosecutor of the Republic of Liberia, represents the official response by this administration who hired you , and the Liberian people whom you SERVE....This is not your private practice I may ADD. I await a respond
I am very embarassed but not shocked at the comment and reactions of Minister Banks to the judges ruling in the case of Julu and Dorbor. For too long Liberia has been cursed with political hoodlums and sycophants the likes of Banks; it is past time Liberia got some blessings with judges and other civil servants, the likes of the judge, who can stand up to criminals masquerading as champions of the people's wills. Banks and others sat on the sidelines and critized Taylor and ever regimes before him of gross human right abuses and wanton neglect of the constitution. He has been given a chance to implement some of the thousands of research dossiers he published, while unemployed, that claimed to restore Liberia's human rights records; he's shown the Liberian people that he is no different from his precursors. THE LIBERIAN PEOPLE OUGHT TO STAND UP AGAINST THE LIKES OF PHILIP BANKS AND DEMAND HIS DISMISSAL.
Alex I think you should go to the (T.R.C.)to tell the Liberian people to sent you, Ellen Johnson, Philips Banks, Prince Johnson, Jonh T. Richardson, Kuku Dennis, Isaah Musu and all the ( NPFL)supporters to the hague for judgement.
Sam Freeman:
Sam my brother, You are entitle to your thoughts and opinion and rightly so. You are right I need to go before the (T.R.C). But unfortunately I have done absolutely nothing wrong that warrant my appearance before that body which was created with good intentions, but so far have been a joke as far as I am concern.(My opinion) The current President the first citizen have to appear before that body and tell the Liberian people about her role in the November 12th and December 31st incursions in Liberian that resulted in the death of thousands of our fellow citizens and the destruction of our infrustructure. Not only that, she have to explain to the Liberian people what she meant when she called for Monrovia to be levelled. " If it cause for Monrovia to be levelled, we will rebuild it" Those were her words. I may not quote the exact words but I believe thats is nor far from what she said. That was when the NPFL was advancing on the capital and the INPFL had already captured Bushrod Island. The Truth and Reconciliatory Commission cannot be travelling to the United States at the tax payers expense to find the Truth here in the States, when infact there are thousands of major role players in the conflict sitting in Monrovia who have snobbed them with inpunity. Look Sam, I did not participate in the war nor contribute a cent to it. Neither do I begrudge those who fought for what they believe was unjust. What is unfair though is many suffured and a few are enjoying today. Let me leave you with my words "Thousands of our brothers and sisthers shed their blood and died for those of us who are alive today. The victims of the war are those who will not learn from the past." Thanks Sam, Keep writing and May God Bless!
See all comments (13).
I am no fan of either General Julu or Colonel Dorbor. But I think for a long time now, at least Justice have been done to these Liberian despite their past. I am amazed at the remarks made by the Justice Minister. How dare you call a presiding Judge incompetent. You are a disgrace to our country. I don't know Charles Julu. But I know and have read enough to conclude that he belongs to the Hague where Charles Taylor is being tried right now. Not just him alone. You as the chief prosecutor have failed to proof your case beyond a reasonable doubt. You are to be ashammed of yourself. You have shown that you have no respect for the office that you hold and infact our fragile Justice system. Gone are the days where the State use to make up bogus charges and level it against innocent citizens and just throw them in jail indefinately. Our current President is my living example. I don't think I have to eladorate further. I am not sure she is aware of your remarks.Because this calls for your resignation. You cannot disrespect the our Judicial system by insulting a presiding Judge when you loose a case, and at the same time hold the office of Justice Minister. Sir you need to hold a press conference and apologize to the President and turn in your resignation. This is necessary because your remarks as the Justice Minister and chief prosecutor of the Republic of Liberia, represents the official response by this administration who hired you , and the Liberian people whom you SERVE....This is not your private practice I may ADD. I await a respond