The Inquirer (Monrovia)
13 November 2008
Legal representatives of Hans Williams in the case regarding the death of little Angel Meiden Togba are requesting the court to drop the indictment placed upon their client.
Cllr. Musa Dean, lead defense counsel of accused Hans Williams and his spouse Mardea Paykue, filed a motion before the court, praying on the presiding judge to dismiss the indictment drawn against the accused on grounds that the indictment is not supported by a medical report.
In defense's motion before the court, Cllr. Dean pointed out that the Criminal Procedure Law requires that state produces a medical or autopsy report especially in mysterious cases that lead to death.
The defense told the court in their motion that in February, 2008, the Ministry of Justice informed the public that a second autopsy was conducted on the remains of the deceased, but the Ministry failed to produce a signed copy of the alleged autopsy report.
The defense also claimed that the 'purported report,' which was published by the Ministry, is bogus, fabricated, fictitious, cooked, doctored and does not represent the product of an examination undertaken by a medical practitioner.
"The alleged doctor's report does not bear the signature of a medical doctor or a pathologist," the defense pointed out.
The defense counsels represented prayed that the court dismisses the case because it was through the Ministry of Justice that it became publicized that the Angel Togba's death resulted from the crime of rape carried out by defendant Williams.
Cllr. Dean contended that it is either that the State produces the report or the court relieves their clients of charges meted against them as per the indictment. They further said that the autopsy from the State was bogus because the defendant, which is a key player in the case, was left out of the process.
"It is the right of the defendant to be present during any or all autopsies conducted by any party; so let prosecution bring the medical report to court," defense demanded.
However, the Attorney General of Liberia, Philip Banks while interjecting his point during the argument on behalf of the State said that there was no need for a report when an indictment has been drawn in a murder case.
Minister Banks told the court that in order to create transparency; the State had to hire foreign but licensed pathologists to prove the case after all other former pathologists were said to have failed to establish the actual cause of the death, adding that copies of the reports were given to the defendant meaning that the State had nothing to hide.
Earlier, the County Attorney of Montserrado County, Samuel Jacobs defending prosecution's side of the argument informed the court that there is nowhere in the statutes that states that indictment should be dismissed because there is no report.
Atty. Jacobs argued that as the court is about to select a trial jury for the case, the State saw it expedient not to burden all of its report on a grand jury because they are not trial jury but "as the trial begins, we will bring all documents because we are prepared to show all evidences during the proceedings," he revealed.
He contended that defendant Williams was arrested since January and the trial of the case depended upon an autopsy report therefore the court should take judicial notice that the case has not been called for trial therefore there had been no legal issues raised.
Meanwhile, following arguments and counterarguments from both parties, Judge Boima Kontoe of the Criminal Court "A" reserved ruling. However, he informed the parties that he would reveal his ruling following a notice of assignment.
On October 13, 2008, the Criminal Court "A" at the Temple of Justice issued a certificate confirming that there was no autopsy, medical or coroner's report in its records to establish the cause of the death of the late Angel Togba.
The certificate, a copy of which was obtained by this paper was issued under the signature of the Clerk of Court, Moses C. D. Wesseh, Sr.
Since the death of little Angel Togba, the government has been holding the accused in connection to the murder. However, out of three autopsies conducted by the State and the defense, two have established that Angel died from hanging while one revealed that she was tampered with which led to her death. Since then, the accused have not been in court to answer to the indictment, hence their legal counsel has since denied government's claim.
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