The Inquirer (Monrovia)
C. Winnie Saywah
30 October 2008
Judge Kollie has sentenced the nine guilty Ghanaian suspected to be trafficking narcotic drugs to a maximum of 10 calendar years of imprisonment.
The Court "C" judge yesterday ruled that it is proven that indeed the act of the defendants violates the Public Health Law of Liberia, as indicated clearly in 5LCLR, Title 41 Section 23.1 and 2 Section 24(1) extending to the New Penal Law of Liberia.
Judge Kollie in his ruling, considering the gravity of the degree of the commission of this crime in which US$500 million characterized the case, the greatest amount ever covered and tried in this case, said the law indeed frowns on such crime and higher judicial measure is to be exercised for the purpose of deterrent on all who may intend to repeat such act. The defendants according to the ruling are fined US$100,000.00.
Following a summary of the case trial in its entirety, Judge Kollie said that the fine indicates that the defendants per evidence before the court have been in this process on the territorial waters of Liberia, thus proving that clandestine arrangements have been made in Monrovia particularly in the West Point and New Kru Town areas.
"The court has this to say that she can not presume as to the amount being realized by the defendants in the transaction business but since this has been proven before us, we can not remain silent but the voice of the law must act now.
In furtherance to the US$100,000.00 fine imposed on the guilty defendants, the fine must be pay in full before the vessel, Blue Atlantic anchored at the Freeports of Monrovia be removed," Judge Kollie ordered and concluded.
Meanwhile, following the statutory periods of four days, a unanimous verdict of 'guilty' was handed down by a 12-member empanel jury.
Judge Kollie has dismissed the counsels for the defendants the right to retrial of the case involving the nine Ghanaians suspected to be illegally in possession of 2.4 tons of cocaine worth a street value of US$500 million.
After making an assignment for hearings into the motion for retrial with ruling expected subsequently the same day, Judge Kollie yesterday October 29, 2008 said that the court has found no real grounds on which to grant such motion.
The assigned circuit judge told the parties that under the laws and procedure within Liberia's jurisdiction, there are relevant essential elements that may serve as grounds for awarding a new trial on a motion by the defense.
He said that considering the essential elements as indicated in 1LCLR chapter 22.1 pages 382, section 22.1, paragraph 1 and 2; with paragraph 2 containing eight counts from A-H, the court has not found justifiable reasons and legal grounds for which a new trial should be awarded.
However, counsels for the defendants earlier argued that the court grants them a request for retrial on grounds that the defendants charge was not read to the jury.
Cllr. Matthias Omejai who began the argument on behalf of defense informed the court that the judge erred in his decision during the trial of the case. Cllr. Omejai accused Judge Kollie of misdirecting the jurors on the proper course of law when he informed the jurors that indeed cocaine was found on the Blue Atlantic when infact none of the State six witnesses mentioned same.
The defense lawyer argued that the judge also failed to read defense charge on grounds that it was bulky, thus aiding the jury to bring down a verdict contrary to evidence produced concerning said case.
Cllr. Omejai said that the judge went further by misinforming the jury that the nine Ghanaians were on board the Blue Atlantic on the Liberia waters when it is also in the records that the ship was seized some 540 nautical miles on deep sea, thereby accusing Judge Kollie of instructing the jurors to silent points of the case.
Defense pointed out that all evidences provided by prosecution was 'hearsay' adding that all witnesses produced by the State were all carriers of second-hand information and evidences handed down to them, noting that it is in the records that the French troop which made the arrest refused to produce exhibits to the Director of National Security, Anthony Kromah, upon turning over the suspected cocaine traffickers the same day.
In prosecution's resistance, State hired counsel, Emmanuel James told the court to dismiss the motion because defense request was not made in good faith.
He argued that the request to retry the case was unmeritorious and that the court should dismiss it in its entirety.
Cllr. James contended that if the evidences were not material, they would have received no marks of identification from the court. He said that testimonies were contained in various reports from all six witnesses.
He admitted that though the exhibits were not turned over to the Liberian government the same day, it was subsequently turned over and destroyed or burned by state security.
Prosecution resisted that Section 22.1 of the Criminal Procedure Law provides that the court may grant retrial if jurors receive evidence out of court; if juror must be guilty of scandal, if County Attorney may be guilty, if verdict is contrary to evidence, if new and material evidence has been discovered among other things and that accordingly, there was nothing of such in the defense's motion for retrial.
The State then prayed that the judge give such motion no credence because to do same would disturb the already unanimous jury verdict and cause great injustice to the State.
Following ruling into the motion for retrial, Judge Kollie notified the parties that there would be a 30 minutes recess in which he would take the court records to make corrections before giving copies to the parties and after which the court would resume to hear the ruling in the main case.
Counsels for the defendants raised concerns that the assignment was only made to hear the motion and ruling for retrial and not the main case but Judge Kollie dismissed defense's contention.
The counsels for the defendants have taken exception to both rulings and announced an appeal to the Supreme Court during its March Term of Court. It was however granted and matter suspended.
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