Monrovia — Criminal Court "A" Judge Roosevelt Z. Willie has denied a motion filed by defense lawyers seeking to suppress key evidence in the ongoing trial of several defendants accused of serious criminal offenses.
The defense had argued that the evidence should be excluded on grounds that it was obtained through acts of torture, citing a medical report from AMI Expidirinary Medical Healthcare Center as supporting documentation.
The controversy stems from defense argument that the co-defendants were tortured to provide key evidence to prosecution, which they contested, should not be considered during the hearing.
As a result, they requested an independent medical examination, which Judge Willie granted.
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The recent medical report was submitted to the court, following a court-ordered independent medical examination of the defendants at the AMI Expidirinary Medical Healthcare Center.
According to the report, the medical team found physical and psychological indicators consistent with claims of torture, including bruising, signs of prolonged restraint, and elevated stress markers.
Defense attorneys argued that these findings substantiate their claim that statements and evidence obtained from the defendants during the initial stages of the investigation were secured under duress, in violation of both Liberian and international legal standards prohibiting torture and coercion.
Motion to Suppress Evidence Denied
Despite the report, in a ruling delivered earlier Wednesday, September 24, Judge Willie rejected the defence's motion to suppress the evidence, stating that while the medical report raises serious concerns, it does not, on its own, meet the legal threshold required to exclude the evidence in question.
"Based on the issue and the law cited," Judge Willie declared from the bench, "the motion to suppress evidence is hereby denied." He further ordered that the trial will proceed this Friday as scheduled.
The defense has taken exception to the ruling and indicated its intention to pursue statutory remedies, potentially including an interlocutory appeal or a writ of prohibition to the Supreme Court of Liberia.
Questions Over NSA's Role in the Investigation
Before the ruling, during arguments, the defense also challenged the legality of the National Security Agency's (NSA) involvement in the investigation.
Defense counsel through Cllr. Wilkins Wright argued that under the Act establishing the NSA (2011), the agency is authorized only to engage in clandestine operations and not to conduct criminal investigations of the nature currently before the court.
In its response to the defense motion, the prosecution, through Cllr. Richard Scott argued that all evidence, including confessions and material exhibits, was collected lawfully and voluntarily.
Cllr. Scott insisted that the involvement specialisedzed agencies such as the NSA and LPRC was crucial in piecing together complex elements of the case and did not violate due process.
"The prosecution maintains that the medical report, while concerning, does not negate the legal procedures that were followed during the investigation," said the lead government attorney during arguments.
However, the court ruled otherwise against the defense.
Referring to Section 2(d) of the 2011 NSA Act, Judge Willie stated that the NSA is legally empowered to assist other law enforcement bodies, especially in cases where the Liberia National Police (LNP) may lack the technical capacity to conduct specialized aspects of an investigation.
"The participation of the NSA was authorized," the judge noted, adding that collaboration between security agencies is permissible under existing law.
He emphasized that the NSA's involvement was within its mandate and did not taint the investigation or subsequent evidence collection.
Judge Willie also addressed the involvement of the Liberia Petroleum Refining Company (LPRC) in the investigation, which was authorized to analyze a substance found in a chloride bottle linked to the case.
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The analysis, reviewed by the LNP through a memorandum of collaboration, was deemed lawful by the court.
"The participation of LPRC was in no way illegal," Judge Willie emphasized, ruling that both the laboratory analysis and the procedural steps leading to it were valid and admissible.
He further upheld the legality of a search and seizure warrant issued by the Monrovia City Court, stating that the writ was properly obtained and executed in accordance with law.
With the motion denied, the trial is set to resume this Friday, September 26, at Criminal Court "A", where the prosecution is expected to call additional witnesses and introduce further forensic evidence.
The case has drawn significant public interest due to the gravity of the charges and the involvement of multiple national security institutions.
Legal observers say the upcoming proceedings will be critical in determining whether the prosecution can meet its burden of proof amid growing scrutiny over investigatory practices and defendants' rights.
