The Judge of Criminal Court "D" at the Temple of Justice, Yussif D. Kaba, on Monday, July 29, 2013 accepted a Motion To Suppress T. Evidence in the ongoing mercenary case at the Temple of Justice.
The Temple of Justice is situated on Capitol Hill, Monrovia.
Growing of the case: Republic of Liberia... ... .Plaintiff Versus Nyezee Barway et.al... ... .Defendants. The defendants are charged with the Crime Mercenarism. The Motion To Supress T. Evidence was filed by the defense.
According to the Movants' Motion, they asked the court to suppress all audio and video recordings, and still photos referred to by Witness Thomas Gladier, the last witness presented by the prosecution.
Accordion to count 1-5 of the Motion to suppress evidence filed by the defense counsel, a copy which is the possession of this paper, the Movants say the manner in which prosecution last witness obtained the audio and video recordings as well as the photos referred to in his oral testimony was in clear violation of the Penal Law of Liberia.
For their reliance, the movants cited the Penal Law of Liberia Section 19.1.1 (a) and (b).
The Movants say the evidence "illegally obtained, and not obtained through a search warrant or voluntary admission in accordance with law, cannot be used in a court of law". The Movants indicate that the Motion for suppression of evidence is a pre-trial motion, because the Movants (defense lawyers) were without information on how the evidence was obtained, and as in this case, the motion may be filed during trial, also quoting Section ILCLR tit II Section 11.10.3 as their reliance.
Meanwhile, the Movants add that their motion being filed in good faith and is not intended to delay or baffle the trial of these proceedings.
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