Monrovia — The Monrovia City Court has denied a motion to dismiss the sexual assault accusation against Atty. Mohammed Fahnbulleh, a commissioner at the Independent National Commission on Human Rights (INCHR).
Fahnbulleh was arrested on June 10, 2022, after authorities alleged he sexually assaulted a female employee, Beatrice M. Wesseh. The Ministry of Justice, through Madam Wesseh, filed the charges against Atty. Fahnbulleh.
According to Madam Wesseh, on June 10, 2022, at about 9:45 P.M. in Sinkor, while dancing with her friend, defendant Fahnbulleh approached her from behind and began to touch her breasts and buttocks. When she turned around to confront him about his actions, Fahnbulleh allegedly blew cigar smoke in her face.
On Monday, May 27, the Monrovia City Court denied Fahnbulleh's motion to dismiss the accusation against him. Stipendiary Magistrate Ben Barco later transferred the case to Criminal Court 'E,' which has jurisdiction over crimes such as rape, gang rape, involuntary sodomy, voluntary sodomy, corruption of minors, sexual abuse of wards, and sexual assault, among others.
It is not clear when the Montserrado County Attorney will prepare the indictment of Fahnbulleh for the resumption of the trial. However, Magistrate Barco informed the parties (Wesseh's lawyers and Fahnbulleh) that his court has limited jurisdiction to hear the crime of sexual assault as charged.
Magistrate Barco explained that before January 16, 2006, the crime of sexual assault was graded as a second-degree misdemeanor, suggesting that a magisterial court would have had jurisdiction over sexual assault if it were not a sexual offense. This was Fahnbulleh's contention for seeking the dismissal of the case against him.
However, Barco cited the Act establishing Criminal Court "E," which states, "The Sexual Offenses Division Criminal Court 'E' shall have exclusive original jurisdiction over the crimes of rape, gang rape, aggravated involuntary sodomy, voluntary sodomy, corruption of minors, sexual abuse of wards, sexual assault, and such other crimes as may from time to time be added." Based on this act, Barco ruled that the crime of sexual assault is not cognizable before a magisterial court.
Barco further ruled, "Wherefore and in view of the facts, law and legal analysis, Movant's motion to dismiss the crime of Sexual Assault is hereby denied, and Respondent's resistance is sustained. Because this Court has no jurisdiction over sexual assault cases, the matter is transferred to Criminal Court 'E'."
Defendant Fahnbulleh, through his legal counsel, prayed the Honorable Court to dismiss the charges of sexual assault and sexual harassment, arguing that these crimes do not conform to the laws of the Republic. They contended that the crimes of sexual assault and sexual harassment are not defined by the Penal Law, and that the prosecution's creation of these offenses violates the defendant's rights. Section 1.3 of the Criminal Procedure Law provides that a defendant must be charged with offenses as defined by the Laws of the Republic.
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Fahnbulleh was charged and arrested for the crimes of sexual assault, sexual harassment, menacing, and disorderly conduct in violation of Sections 14.77, 14.28, 14.25, and 17.3, respectively, of the New Penal Law of Liberia.
