The Monrovia City Magisterial Court has reserved its ruling on the justification of a bail bond filed by former House Speaker Jonathan Fonati Koffa and three other lawmakers accused in the Capitol Building arson case.
Stipendiary Magistrate Ben L. Barco is expected to deliver his ruling at 12 noon on Thursday, June 26, 2025. However, there are indications that the bond may be upheld, as Criminal Court "A" has already accepted human sureties submitted by the defendants--namely their wives and religious leaders.
Coincidentally, the hearing date falls on the 70th birthday of outgoing Chief Justice Sie-A-Nyene G. Yuoh, an occasion that may disrupt regular court activities.
During the bond hearing, the defense presented Joanna Janet Koffa, daughter of the former speaker, as a key witness. Taking the stand, she testified about the value and location of properties offered as surety, which are situated in Todee and Marshall, Montserrado County.
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Under direct examination, Ms. Koffa submitted volumes of documentation supporting the bond, including deeds and ownership records. She was later cross-examined by state prosecutors.
Arguing for the defense, Cllr. Wilkins Wright asserted that the accused had met the burden of proof for the bail and urged the court to deny the prosecution's motion to reject the bond. He noted that the human sureties, already accepted by Criminal Court "A," should suffice.
"The prosecution has misapplied the law by arguing that the bond must be equivalent to the value of the property destroyed," Cllr. Wright said. "No forensic assessment or official cost of the damages at the Capitol Building has been provided."
He further contended that the purpose of a criminal appearance bond is not to serve as restitution but to guarantee the defendants' appearance in court.
Quoting Article 21(d)(i) of the Liberian Constitution, Wright argued: "All accused persons shall be bailable upon their personal recognizance or by sufficient sureties, depending upon the gravity of the charge, unless charged for capital offenses or grave offenses as defined by law."
He criticized the prosecution's narrative, stating, "They claim the Capitol was burned. But how did the majority bloc determine the cost of damage and allocate US$1.8 million in the national budget for renovations without verified assessments?"
Wright maintained that given their status, the accused lawmakers could have been released on personal recognizance alone.
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In rebuttal, state prosecutor Cllr. Bobby W. Livingstone urged the court to take judicial notice of Section 25.1 of the Civil Procedure Law of Liberia. He argued that the documents submitted by the defense contained several inconsistencies.
"There are duplications and contradictions in the claimed property values, and no official appraisals are attached," Cllr. Livingstone stated. "The sureties essentially devalued their own properties through their testimonies."
He asked the court to set aside the current bond and order the defendants to submit a new one supported by adequate and verified property documentation.
