Africa-Press – Liberia. Criminal Court “A” has denied a defense motion to suppress key evidence in the ongoing Capitol Arson trial, despite medical reports confirming that several defendants showed signs of torture while in state custody.
Presiding Judge Roosevelt Z. Willie ruled on Wednesday that the admissibility and credibility of the evidence should be determined by the trial jurors, not the court.
“It is the honest view of this Court that the evidence should be passed unto the Trial Jurors, who are the trial of facts and clothed with the legal authority to determine the genuineness of the allegations as made by the Defendants,” Judge Willie stated.
While acknowledging Liberia’s obligations under Article 10(1) of the International Covenant on Civil and Political Rights—which requires that all persons deprived of liberty be treated with humanity and dignity—the judge maintained that the trial must proceed. He officially denied the motion and scheduled full proceedings to resume on Friday, September 26 at 10:00 a.m.
Defense Cites Medical Reports of Torture
The defense, led by Cllr. Wilkins Wright, argued that the evidence was obtained under duress, citing independent medical examinations conducted by Dr. Philip Zochonis Ireland of AMI Expeditionary Healthcare.
The reports, prepared in September 2024, documented blunt trauma, irregular cardiac rhythm, and psychological manifestations. Dr. Ireland concluded that these conditions were “highly consistent with the allegation of torture and ill-treatment” under the Istanbul Protocol guidelines.
Among the defendants examined were Jerry Pokah, 40, and Thomas Etheridge and Eric Susay, both 40. The doctor recommended cardiology follow-up, orthopedic and ophthalmology reviews, and urgent psychological care for PTSD.
“This case is not just about evidence, it’s about the conditions under which that evidence was obtained,” said Cllr. Wright. “Medical experts have confirmed signs of torture. The defendants were subjected to extreme physical and psychological pressure. This was not voluntary cooperation, it was coercion. Every aspect of due process has been violated.”
Judge Questions Scope of Medical Findings
The court, however, pointed to limitations acknowledged in Dr. Ireland’s report, including the time lapse between the alleged torture and the examination, the defendants’ withdrawal of consent for genital and anal assessments, and the limited diagnostic tools available in Liberia.
The judge also emphasized that all defendants denied sexual assault during the medical assessments, undercutting earlier claims of sodomization.
Judge Willie further noted that throughout questioning, the defendants were represented by lawyers—Cllr. Jonathan T. Massaquoi, Atty. Martin J.S. Corion, and Atty. Ekwe Bernard—who did not raise objections at the time. Quoting Article 21(c) of the Constitution, he stressed that suspects were advised of their rights and interrogated only in the presence of counsel.
NSA’s Role Upheld
The defense also challenged the National Security Agency’s (NSA) role, arguing that the 2011 Act establishing the agency limits it to clandestine operations, not overt criminal investigations.
But Judge Willie disagreed, citing Section 2(d) of the NSA Act, which authorizes the agency to assist law enforcement in complex cases when the Liberia National Police lacks technical expertise.
“The participation of the NSA was authorized and legal,” he ruled.
The court also upheld the role of the Liberia Petroleum Refining Company (LPRC) in conducting lab tests and validated the search and seizure warrant obtained through the Monrovia City Court.
Courtroom Drama as Defendant Collapses
The already tense proceedings took a dramatic turn when defendant Kivi Kaba Bah collapsed in court minutes before arguments resumed. He was rushed out by ambulance amid claims that his condition, linked to a heart problem, had worsened due to inadequate care at the Monrovia Central Prison.
The defense renewed its request for Bah’s temporary release for specialized treatment, citing AMI’s recommendations.
“Our clients are not only on trial, they are at risk of dying under state custody. This is no longer just a legal issue, but a humanitarian crisis,” Cllr. Wright pleaded.
The prosecution resisted, with lead attorney Cllr. Richard Scott insisting that the Ministry of Justice was meeting its medical obligations.
“The defense cannot dictate the Ministry’s medical protocols,” Scott argued. “The court should await proper medical assessments before making any ruling.”
Judge Willie declined to rule immediately, ordering the Ministry of Justice to provide urgent care for Bah and to submit a medical report before any decision on temporary release.
“This Court is not medically equipped to determine the cause of the defendant’s collapse,” the judge said. “We will rely on trained professionals to inform any decision.”
A Trial Under the Microscope
Despite defense objections, Judge Willie denied the motion to suppress evidence, stating that the medical reports, though troubling, did not meet the legal threshold.
“Based on the issue and the law cited, the motion to suppress evidence is hereby denied,” he ruled.
The defense noted its exception to the ruling, signaling plans to pursue remedies under Liberian law.
The Capitol Arson trial—centered on allegations involving former Speaker J. Fonati Koffa and others—has become a major test of Liberia’s justice system. Beyond the charges themselves, the case has raised broader questions about the treatment of detainees, the limits of security agency authority, and the independence of the judiciary.
With the trial set to continue Friday, legal observers say the proceedings could become a defining moment for Liberia’s rule of law. Whether justice will be delivered—and at what human cost—remains to be seen.
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