Africa-Press – Liberia. The highly anticipated ruling on a motion to suppress evidence in the ongoing arson case involving former Deputy Speaker J. Fonati Koffa and co-defendants has been postponed until Thursday, September 18, after courtroom proceedings were derailed by rejection of medical examination procedures by defense lawyer and fine inposed on them by Judge Roosevelt Z. Willie over alleged disobedience of a court order.
Criminal Court “A” Judge Roosevelt Z. Willie made the announcement following argument between defense and prosecution teams regarding the compliance of a prior order instructing defendants to undergo medical evaluation at the John F. Kennedy (JFK) Medical Center, a directive the defense openly rejected, citing lack of neutrality.
Court Fines Defense Lawyers US$100 for Disobedience
During Wednesday, September 10 proceeding, Judge Willie issued a US$100 fine against defense counsels to include Cllr. Arthur Johnson, Cllr. Wilkins Wright, Cllr. Jonathan Massaquoi, Cllr. James Kumeh, and others for allegedly advising their clients not to comply with the court’s order to undergo medical examination at JFK.
The court cited a report from the Superintendent of Monrovia Central Prison, which stated that the defendants refused to proceed to JFK on advice from their lawyers, who claimed it was a government facility and not independent.
“The court gave a clear and lawful order,” Judge Willie emphasized.
“It must be obeyed or challenged through the Supreme Court, not disregarded.” He further warned that allowing such disobedience would “undermine the authority of the judiciary.”
The lawyers are ordered to pay the fine into the Judiciary Account by Tuesday, September 16, and submit a receipt to the Clerk of Court.
Defense Challenges Court’s Designation of JFK and AMI Facilities
Earlier, the defense had filed a motion seeking an independent medical examination of the defendants, citing allegations of torture and sodomy while in state custody.
However, they objected to the use of JFK, calling it government-owned and biased.
Prosecution Slams Defense for Delay Tactics
On its part, the prosecution, led by Cllr. Richard Scott, accused the defense of engaging in deliberate delay tactics to derail the proceedings.
Cllr. Scott urged the court to hold both the defendants and their lawyers in contempt for ignoring the JFK order.
“The defense acknowledged receipt of the court’s assignment and instead of complying, chose to defy it,” Cllr. Scott said. “This is a dangerous precedent. The defense continues to hide behind procedural maneuvers to avoid the merits of the case.”
He added that since the only unresolved basis of the motion to suppress evidence involved the torture and sodomy allegations, the refusal to undergo medical examination is a strategic ploy to delay the court’s ruling.
In response to the resistance from the prosecution, Judge Willie ruled to grant the defense motion for independent examination but shifted the venue from JFK to AMI Expidirinary Medical Healthcare Center, describing it as an acclaimed international medical facility.
The court instructed that the Ministry of Justice bear the cost and that the defendants be escorted by judicial security for examination, with results due to the court by Wednesday, September 17.
However, this decision was opposed by defense counsel Cllr. Wilkins Wright, who argued that AMI is no different from JFK, pointing out that AMI has an existing contract with the Ministry of Justice and Liberia National Police.
Cllr. Wright referenced a prior incident in which his client, Kendrich Koffa, was allegedly assaulted but AMI’s report listed malaria as the cause, raising questions about the facility’s impartiality.
Wright further challenged the validity of the Sheriff’s Return, arguing it was in fact a report from the Superintendent of the Prison and not an official court officer.
He stressed that the superintendent did not testify in court, and therefore, the report cannot be considered as verified evidence.
Moreover, he clarified that the defendants, not the lawyers, stated their refusal to attend JFK, and as such, fines levied against the defense team were unjustified.
With the medical examination now assigned to AMI, and results due by September 17, the court has rescheduled the ruling on the motion to suppress evidence for Thursday, September 18.
Judge Willie reiterated that while he acknowledged the defendants’ right to question medical findings, the lawful process must be followed.
“No party, including lawyers, can ignore the court and expect to go free,” he said. “If allowed, it would continue to erode justice in this country.”
The court emphasized that parties with objections to the medical findings or facility should seek redress through the Supreme Court.
The case involves J. Fonati Koffa and several co-defendants accused of orchestrating an arson attack on government property.
The defence claims their clients were severely tortured while in custody, and have filed motions to suppress key evidence, arguing it was obtained through coercion and abuse.
As the case progresses, the nation watches closely, a case highlighting the balance between human rights, judicial authority, and the integrity of due process.
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