In a significant move, Presiding Chamber Justice at the Supreme Court, Ceaineh Clinton-Johnson, has ordered the unconditional release of defendant Peach Bility, son of Nimba County District #7 Representative Musa Bility from the Monrovia Central Prison.
Justice Clinton-Johnson got involved with Bility's case when the defence lawyer, Cllr. Wilkins Wright asked her to intervene through a writ of certiorari.
In the writ, Cllr. Wright argued that Judge Blamo Dixon of Criminal Court 'C' on Tuesday, February 25, 2025, during a hearing of Bility's drug related and illegal possession of firearm case, the judge unilaterally set aside his bond and remanded him at the Monrovia Central Prison Comp Judge Dixon's action was as a result of Bility's lawyer failure to show up at the trial, which the judge sees as an attempt to delay the case.
The drama started after Judge Dixon scheduled the case for hearing on February 25, with the date being endorsed by the defence and the prosecution.
But, unfortunately, when Dixon called to start the case, he was surprisingly informed by the prosecutors that Bility's lawyer was absent. Bility's lawyer's absence was perceived by the judge as an attempt to delay the criminal case from the commencement of trial, and Dixon unilaterally set aside the defendant's bond before remanding him at the Monrovia Central Prison Compound, until his lawyer can appear.
Because his lawyer was out of the country and might not have been readily available for the commencement of trial within the next two days, the defendant, though in prison, managed on the next day, Wednesday, February 26, 2025, and retained the legal services of Cllr. M. Wilkins Wright as additional Counsel, to ensure that the trial of the case is no longer delayed.
Cllr. Wright, however, assured the defendant that he was ready to proceed with the trial. Immediately after Wright took over the case as an additional counsel, he filed a motion praying Judge Dixon to kindly rescind his previous ruling committing the defendant to prison.
Wright also informed Dixon that there was no further need for him to remain incarcerated but should be released on bail for the trial to proceed at the earliest convenient time, especially so where the defendant's bond was never challenged or accepted by the prosecution.
This, Wright argued, was because the defendant has always maintained himself and respected the terms and conditions of his bond and was never delinquent.
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Unfortunately, when the judge scheduled the motion hearing, the prosecution did not oppose or resist it, but the Judge, on his own, ruled denying it (motion), and said that the defendant will remain in prison until otherwise. It was based on Dixon's decision that Cllr. Wright filed the writ of certiorari to correct and possibly reverse the judge's ruling.
But, according to Wright, setting aside the bond was unwarranted, unjustified, prejudicial, and illegal because, first of all, the crimes with which Bility was charged are bailable offenses; secondly, the bond was duly approved by Dixon and was never challenged by the prosecution from the day when it was approved and served, and so remains even until today. Thirdly, Wright argued that Bility was required to appear at the court once a week until the trial is concluded, which condition he had observed, performed and strictly obeyed from the day his bond was approved until the day it was unilaterally set aside by the judge.
"The defendant being sent to prison and his bond unilaterally set aside by the Judge was unprovoked, and in the lawyer's, opinion was arbitrary and prejudicial to his client interest, in that the only reason given by the Judge was that the absence of defendant's s Lawyer was an attempt to delay the trial," Wright argued.
"Due to no fault of his, he was merely a victim of circumstances, and perhaps of perceived anger and transferred aggression of the Judge toward his lawyer being absent," the writ noted.
For this reason, Wright argued that the defendant's incarceration was harsh and oppressive and, therefore, Certiorari will lie to correct the wrongful action of Dixon.
