The NEWS (Monrovia)
George Bardue
5 May 2008
Monrovia — Assigned presiding judge of the Criminal Court "A" Peter Gbeneweleh has acquitted retired General Charles Julu and Col. Andrew Dorbor from answering treason charges on grounds that state prosecutors miserably failed to produce evidence for their conviction.
In a final judgment that lasted for more than four hours Friday at the Temple of Justice, Judge Gbenewelleh told the crowded courtroom that prosecution did not establish sufficient evidence beyond reasonable doubts that would warrant a conviction of Julu and Dorbor.
"We shall take a recourse to the indictment a portion of which alleges that the defendants on diverse occasions connived, conspired and planned to overthrow the legitimate government of President Ellen Johnson-Sirleaf," he said.
During the trial, Judge Gbeneweleh pointed out that prosecution disclosed that the leadership of the defunct Armed Forces of Liberia (AFL) had series of meetings and subsequently set up a committee to seek their welfare.
"Prosecution also claimed that Gen Julu called a meeting at his Congo Town residence, but they said the meeting was not held," the Judge recalled the state's argument during the trial.
However, his Honor Gbeneweleh stressed that the meeting held by members of the defunct AFL at which time a committee was set up, did not constitute any element of treason.
"The failure of the meeting at Gen. Julu's residence did not disclose to this court the nature since said meeting was never held. Hence, this court says in the absence of the meeting, it cannot be construe as wanting to overthrow the government of President Ellen Johnson-Sirleaf," the court's judgment emphasized.
He indicated that the Liberian statute under chapter 11.1 of the Penal Code clearly provides that any attempt to overthrow the government, mutiny or subversive activities are some elements of treason which the prosecution failed to prove.
On the issue of US$50.00 given by one Jacob Karim for subversive purposes as alleged by the state, Judge Gbeneweleh ruled that state lawyers also did not establish that the money was intended to subvert the Government of Liberia.
"The prosecution miserably failed to produce the father of Junior Gaye or any other witness to corroborate testiminy of Junior Gaye who said there was a plan to overthrow the government on inauguration day and also failed to produce rebuttal witnesses," he adjudged as he was seen beaming with smiles.
Touching on the production of video recording to augment the state's evidence, the Circuit Judge noted that no video recording that contained the voices of the defendants was produced in court.
He told the prosecuting attorneys that a Supreme Court opinion held that a change must be proven as laid in the indictment, adding "this court says the prosecution failed to prove the charge as laid in the indictment of September 25, 2007."
Judge Gbeneweleh pointed out that where there is reasonable doubts in a criminal trial, it must operate in favor of the defendant.
Giving his judgment on the prosecution's deposition in the Ivory Coast, Gbenewelleh said the state's two witnesses in the Ivory Coast were never seen when the prosecution and a defense lawyer went in that country for deposition.
"The investigative report from the Ivory Coast produced by prosecution was never cross-examined by the defense counsels and therefore, it is incredible and has no legal bearing," the judge ruled.
"Wherefore, and in view of the foregoing, it is the judgment of this honorable court that retired Gen. Charles Julu and Col. Andrew Dorbor are not guilty; they are hereby released from further detention and their constitutional rights are hereby restored," he knocked his gavel as the crowd burst into jubilation.
Gen. Charles Julu and Col. Andrew Dorbor were charged and indicted on September 25, 2007 by the Grand Jury of Montserrado County for allegedly committing a crime of treason, a charge they denied and pleaded not guilty.
The two men were first tried during the November A. D. 2007 Term of the Criminal Court "A" under the jurisdiction of Judge Charles Williams.
Following the trial, a 12-man empaneled jury brought a unanimous verdict of guilt against the two men for treason.
However, a motion for retrial was filed, resisted and granted thereby resuming the trial during the February A. D. 2008 Term of Court.
Meanwhile, state prosecutors led by Montserrado County Attorney Samuel Jacobs have taken an exception to the court's judgment into treason retrial.
The exceptionwas noted by the judge.
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