Monrovia — The Monrovia City Court, under Magistrate Ben Barco, has ordered the transmission of the case records, along with defendants Thomas Etheridge, Eri Susay, Amos Kofa, and others, to the First Judicial Circuit, Criminal Court "A."
This decision was made on February 25.
Magistrate Barco stated in open court that the defendants are accused of criminal conspiracy, having allegedly purchased gasoline which they used to set fire to the joint chambers of the Capitol Building, causing extensive damage.
According to Magistrate Barco, Section 12.2 of the Criminal Procedure Law stipulates that the accused must be afforded a preliminary examination following their first appearance before the magistrate.
He noted that if the magistrate or justice of the peace determines a prima facie case has been established, the defendant will be held to answer.
A prima facie case, as defined in legal terms, is one where evidence is sufficient to establish the facts unless rebutted. Magistrate Barco referenced the Supreme Court's opinion in RL Chakpadeh (35 LLR 715, 1988), stating that the prosecution only needs to show that a crime was committed and that the accused is likely to have committed it.
The standard for establishing a prima facie case is not proof beyond a reasonable doubt, but rather probable cause -- reasonable grounds to suspect that a person has committed a crime.
The defendants are accused of conspiring to purchase gasoline, which they allegedly used to set fire to the Capitol Building, causing damage exceeding eight million U.S. dollars, according to the prosecution's first witness. They are also accused of assaulting a police officer, leaving him unconscious and stealing his firearm.
The prosecution presented corroborative testimonies from three witnesses, who described how the defendants and their co-conspirators gained access to the Capitol Building with the intent to disrupt legislative sessions, causing damages over US$1.8 million. The prosecution also provided evidence gathered from the crime scenes and electronic devices.
Magistrate Barco concluded that the prosecution had established a prima facie case, allowing the defendants to be held accountable and to answer further charges in a superior court.
The court ordered the clerk to transmit the case records and the defendants to Criminal Court "A" for further proceedings.