Buchanan — The Stipendiary Magistrate of the Magisterial Court in Buchanan, Grand Bassa County has dismissed a criminal case filed against a Pastor by Representative Aspirant Charlyn Brumskine due to lack of evidence to prosecute the Defendant.
Counselor Brumskine who is contesting the Representative seat for District 3 in Grand Bassa County, is the daughter of fallen Liberty Party (LP) founder Cllr. Charles Walker Brumskine.
Last month, she dragged Pastor Moses D. S. M. Togar to court for reportedly entering her generator room without permission and using disparaging words against her late father.
Pastor Togar is the Head of the Divine Revelation Ministry in Buchanan. He is also the Principal of the Willie Peters Junior High School and Head of Kpain ma-gbo (Help Yourself), a local community-based group in the county.
He was accused of allegedly committing the crimes of criminal trespass, criminal mischief, criminal coercion, harassment and disorderly conduct.
In the writ of arrest issued by directive of the Magistrate of the court James B. Kaba, Sr., a copy which is in possession of FrontPageAfrica, Cllr. Brumskine claimed that on the 18th day of February 2023 at about 4PM in Upper Buchanan while having a reunion with her family members and community dwellers, the defendant (Pastor Togar) with "criminal intent knowingly, purposely, unlawfully and intentional entered therein without any color of right the home of the Private Prosecutrix (Cllr Brumskine) when he was not invited to be there."
The court document claimed that he allegedly "threatened" Cllr Brumskine saying that "she's a small girl and that you will break her wings."
"The Private Prosecutrix further says that you were spotted in her generator room when in fact you have no business being there and also were noticed taking photograph of her persons and her yard," the document further alleged.
It revealed that Pastor Togar further went to a local radio station in the county and allegedly maligned the character of Counselor Brumskine by saying that, she ordered her security to "beat" on him, bringing her to public ridicule.
The document alleged the defendant also referred to Counselor Brumskine and her late father as a "good for nothing person and that she has followed footsteps in the same manner and form."
The writ disclosed that the alleged acts committed by Pastor Togar is in violation of Sections 15.21, 15.5, 14.27, 14.28 and 17.5 of the new penal law of Liberia.
But in a ruling delivered over the weekend, the Magistrate of the Magisterial Court in Buchanan City James B. Kaba, Sr. dismissed the case due to the failure of lawyers who represented the legal interest of Counselor Brumskine to provide substantive evidence to proceed with the case.
During three separate hearings in the case, the prosecution lawyers requested the court for continuance of the case to enable them gather pieces of evidence.
The Defense Counsel also requested the court to dismiss the case on grounds that the prosecution does not have any evidence against the Pastor.
However, the court granted the request from the Defense Counsel to dismiss the case in keeping with Chapter 18, Section 18.2 of the Criminal Procedure Law of Liberia.
Among other things, Chapter 18, Section 18.2 of the Criminal Procedure Law of Liberia states that: the court can dismiss a case for failure to proceed especially where prosecution does not have any evidence.
"The statute provide by the prosecution may, by leave of court, file a dismissal complaint against the defendant if they feel that they do not have sufficient evidence to prosecute, and since been the ambit of law, this court has no alternative but to grant such dismissal. Chapter 18, Sub-Section 18.3 of the Criminal Procedure Law gives the prosecution the opportunity to re-file after they have found sufficient evidence," the court document, a copy which is in the possession of FrontPage Africa, reveals.
It continues: "Wherefore, this court hereby grants the motion to dismiss this case against the defendant without per crudité to the state. The defendant is hereby acquitted and his right has been restored. If a criminal appearance bond was filed before the court is cancel and hereby so order."
Character restored
Speaking in an interview with Reporters shortly after he was acquitted, Pastor Togar appreciated God for being set free by the court.
He said though the case maligned his character, he strongly believes that residents of the county now know the allegations brought against him by Representative aspirant Charlyn Brumskine were false and misleading.
"My happiness is more than before because everything that was said about me is false. There is no evidence on everything that was said and so, I feel happy. The people of Bassa know that I built my character over the years and my character remain the same. Any stigma that was placed on my name (as a result of this case), today it has been erased because all of these allegations were false and misleading. I appreciate God that today my character, liberty and everything has been restored."
Pastor Togar used this medium to commend his Legal team, family members, sympathizers and friends for standing with him during his trial.
He maintained that the trust reposed in him by his kinsmen will not be derailed.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
He vowed not to "react" or take any action against Counselor Brumskine for bringing him to public ridicule, noting that, "I don't have any reaction; when God is for you, who shall be against you? We all are made in the image of God and I need not to react."
Citizens' concern
The case filed against the Liberian clergyman by Counselor Brumskine was the first of its kind in the county. It drew the attention of scores of clergymen and women in the county.
Citizens wondered why Counselor Brumskine, as a lawyer, took a case to court without firstly gathering pieces of evidence to substantiate her claims.
They believed that the suing of Pastor Togar at the court may hinder her chances of winning the Representative seat of the district.
The religious community in the county appears to also be divided as a result of the case that was filed against one of their kind.
The failure of Counselor Brumskine to listen to appeals made by some citizens of the county, including religious leaders to withdraw the case that was initially filed against Pastor Togar may haunt her during the campaign period of the ensuing elections.
Her political opponents made capitalized on her action to score political marks and discourage eligible voters from canvassing and voting for her during the elections.
