- Citing a 127-year-old Supreme Court ruling that defined Liberia's standard for rape prosecutions, Cllr. Tiawan Saye Gongloe has accused the Liberia National Police of violating settled law by refusing to arrest suspended Deputy Youth Minister Bryant McGill, who is accused of raping a 14-year-old girl.
In a strongly worded post on his verified Facebook page, Gongloe said the police's claim that they are still "gathering evidence" contradicts the 1898 Coleman v. Republic of Liberia decision, which held that probable cause, not proof beyond a reasonable doubt, is sufficient grounds for arrest in sexual offense cases.
"The law has spoken for more than a century," Gongloe wrote. "Probable cause is the first act of justice. When police hesitate, they shut the courthouse door on the victim."
Human rights lawyer Cllr. Tiawan Gongloe
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Justice Delayed, Justice Denied
Gongloe's comments come amid mounting public frustration over what many see as selective justice in high-profile rape cases. While ordinary citizens accused of sexual violence are swiftly detained pending trial, McGill remains free--despite medical reports reportedly confirming sexual penetration.
Legal analysts say the Coleman decision, now 127 years old, requires authorities to act promptly when credible evidence exists. In that case, William M. Coleman, convicted of raping a 14-year-old girl, argued on appeal that his conviction was invalid because there were no eyewitnesses. The Supreme Court rejected his claim, ruling that the survivor's credible testimony, backed by medical and circumstantial evidence, was sufficient for conviction.
The Court warned that requiring eyewitnesses in rape cases "would allow many offenders to escape punishment and leave helpless women unprotected", a warning Gongloe says still echoes today in a justice system reluctant to confront politically powerful suspects.
Rape suspect Bryant McGill, Deputy Minister for Youth Development (Suspended)
Probable Cause as the Legal Standard
Under Liberian law, Gongloe noted, the threshold for arrest in a rape case is "probable cause", reasonable grounds to believe a crime was committed and that the suspect likely committed it. He argued that when a medical report confirms penetration and the survivor's account is consistent, "the police have both a legal and moral duty to act."
"Waiting for 'more evidence' undermines the law itself," he said.
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The Female Lawyers Association of Liberia (AFELL) and other legal experts share Gongloe's interpretation, noting that the Coleman ruling is reinforced by Section 14.70 of the Penal Law and later decisions such as Gardea v. Republic of Liberia (2014).
The Spirit of Coleman
For Gongloe, the Coleman precedent is more than legal history, it is a moral compass that should still guide Liberia's justice system. Its enduring message, he said, is that the law must listen to survivors and act swiftly in their defense.
"As Liberia continues to grapple with rampant sexual and gender-based violence," he warned, "justice delayed is justice denied. The principle of probable cause is not just procedural, it is the heartbeat of justice."
