The long-awaited medical reports conducted by AML Expeditionary Healthcare Medical Center, to establish allegations by the Capitol Arson's defendants that they had been tortured and coerced into confessing, are expected to be released, today, Wednesday, September 24.
What could be more troubling for the prosecution, is that, if the independent medical reports were to corroborate that of the defendants' sustaining physical and psychological injuries, consistent with their allegations of torture, then the evidence obtained by means of torture can be excluded from the case.
If the medical report's conclusion that the defendants had "bruises on their bodies, which [they] said are because of torturing from the National Security Agency holding cell, and if, Presiding Judge Roosevelt Willie of Criminal Court A', is not comfortable with the confessions attributed to the defendants, and [had] doubts that the confessions were voluntary, he would elect to "annul all confessions."
And there is also the absence of other evidence against the defendants, then, he could dismiss the charges.
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The prosecution had repeatedly argued that the confessions were voluntary statements of the defendants, which they recorded part of their 'interrogations' on tape.
They further argue that they had obtained the audio tape during the investigation by the National Security Agency (NSA) of the defendants' telephone conversations with other defendants, including former Speaker Cllr Fonati Koffa and three others sitting lawmakers, in a conversation regarding a plan to set ablaze portion of the Capitol Building, the house of the National Legislature.
It is the tape and telephone conversations evidence that the state lawyers heavily relied on in the prosecution of the defendants.
The case arose from a Speakership confrontation between members of the House of Representatives, which resulted in the burning of portions of the Capitol Building. Immediately, thereafter, the state security agencies began to arrest people they claimed were behind the arson attack.
Thirteen other defendants including former Speaker, former Speaker Koffa and three sitting lawmakers were arrested and charged with multiple criminal offences.
The four lawmakers were bail and subsequently released from pretrial detention. With six other defendants struggling to secure bail, due to various legal hurdles.
The Prosecution said the six detained defendants voluntarily confessed to their roles in the incident and implicated former Speaker Fonati Koffa and three others sitting lawmakers.
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But, the six defendants subsequently recanted their confessions in court, claiming that they had been tortured and coerced into confessing. On the basis of the torture allegations, the court ordered the AMI Expeditionary doctors to examine the defendants.
It is the report by AMI that will be provide to the court today for a crucial determination whether to dismiss the case or to proceed to trial on the basis of the torture claims
