The forensic fingerprint evidence believed to have been collected from the crime scene that linked former Speaker-Cllr Fonati Koffa and six other defendants including three sitting in the burning of the Capitol Building in December last year, yesterday raised fresh doubts about the prosecution's case.
In a development that shocked the courtroom of Criminal Court 'A', Liberia National Police Criminal Investigator Rafael Wilson admitted under cross-examination that no forensic fingerprint analysis was conducted on key evidence, including a matchbox and Clorox bottle, allegedly used in the arson.
The rules of evidence require that forensic evidence presented in court be "the product of reliable principles and methods" and that an expert testifying about it "has applied the principles and methods reliably to the facts of the case.
However, Witness Wilson, who is not a fingerprint examiner testified in the case and made "unequivocal statements" that the defendant was the source of prints found on certain pieces of evidence.
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Despite repeated questioning by the defense lawyers, Wilson could not explain what was done during the comparison process, for how long that process took place, or how this conclusion was reached.
The defense is arguing that this lack of analysis undermines the prosecution's argument, as standard procedures weren't followed. The investigation claimed the clora bottle and matchbox had raw surfaces, making fingerprint testing "impossible".
However, the defense is questioning the validity of the investigation and the charges' supporting evidence.
But, justifying his statement, Wilson said, it was forensic technicians that informed investigators that the Clorox container was made of rubber, making fingerprint extraction "impossible."
"The Clorox bottle and matchbox have raw surfaces. We could not conduct fingerprint testing. The forensic technician told us it was impossible to extract prints from that type of material," Wilson testified.
But, attempt by the defense lawyers to discredit the evidence was denied by Judge Roosevelt Willie, leaving it with the jury to examine its credibility
"The witness had already stated the existence of other documentary and oral evidence that formed the basis for the defendants' indictment," Willie noted
Another critical part of the case was a request by the prosecutors to introduce the LNP charge sheet and investigation report into evidence. Though the defense argues that admitting the documents was "strange" because they were never disclosed during discovery--an act they described as a violation of procedural rules.
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Again, Judge Willie denied that argument and the documents were admitted to the prosecution evidence that would be reviewed by the jury.
The trial continues
