Monrovia — The Ministry of Justice has said that the lack of sufficient evidence is responsible for the delay in persecuting suspects linked to the September 29, 2023 political violence that resulted in the death of two people in Foya, Lofa County.
The ministry said if the prosecution had commenced based on initial charges, the case would be dismissed in accordance with mandatory laws, rules of courts, procedures and case law.
The ministry was responding to a communication by Deputy Speaker and representative of Lofa's district one, Thomas Fallah, who had sought inquiry relative to those charged with multiple crimes during the violence last year.
The ministry said the prosecution has the burden of proving that the individuals charged were connected with each of the crimes charged.
"It is improbable that all the individuals charged committed all the crimes," the ministry wrote, adding, "Therefore, in the instant case, the burden is on the Prosecution to connect each individual charged with the crime charged."
The Ministry of Justice added: "Every crime has two components, which the Prosecution must prove to obtain a conviction of the defendants: If either component is missing, the defendant will be acquitted."
"For a crime to occur there must be an occurrence between the defendant's action and intention. There must also be causation, linking the defendant's action directly to the outcome. Simply put, the defendant's action must have directly caused the harm or the illegal result."
"The Prosecution bears the burden of producing evidence that the defendant committed the crime," the ministry added.
"The prosecution has the tedious task of ascertaining which of the individuals charged committed which crime, i.e., who committed murder, who committed criminal mischief, who obstructed the highways and other public passages."
The ministry pleaded with Deputy Speaker Fallah to assist with the investigation by providing any information he has in his possession to fast track the prosecution.
It can be recalled, during the heat of the 2023 presidential campaign, reports of deadly clashes between supporters of former opposition now ruling Unity Party and the former ruling Coalition for Democratic Change (CDC), leading to the death of two persons and injuring many others.
Eyewitnesses at the time disclosed that the violence erupted when hundreds of supporters of Unity Party gathered one Friday morning to welcome a team of citizens of Foyah residing in the United States of America.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
According to eyewitnesses, these citizens recently returned to canvas for their tribal man, former Vice President and now President, Joseph Boakai. According to reports, it was during this time of the welcome that they allegedly came under sustained "attacks" from some unidentified persons, who were said to have been housed in the hotel of Rep. Fallah.
The incident reportedly led to supporters of Unity Party retaliating, bringing the clashes into an uncontrollable scene.
By mid-day on the same Friday, according to the report, the violence had spread throughout Central Foya, particularly alongside the Shalom Road leading to the hotel of Rep. Fallah.
