Africa-Press – Liberia. Since the case was prematurely transferred from the City Court without a ruling on the exceptions to the Bail Bond, the matter must return to Magistrate Barco for that specific hearing.
Criminal Court “A” Judge Roosevelt Z. Willie has ordered that the Bail Bond filed by former Speaker J. Fonati Koffa and his co-defendants be returned to the Monrovia City Court for a hearing on its sufficiency.
Judge Willie instructed the Clerk of Court to forward the Bail Bond, along with the prosecution’s exceptions and the defendants’ resistance, to Stipendiary Magistrate L. Ben Barco for determination. The Magistrate has been mandated to conduct the hearing between Friday, June 20, and Tuesday, June 24, 2025, and report his findings to the Circuit Court no later than Wednesday, June 25.
According to Judge Willie, Criminal Court “A” cannot hear a matter that has not been properly venued before it. Since the case was prematurely transferred from the City Court without a ruling on the exceptions to the Bail Bond, the matter must return to Magistrate Barco for that specific hearing.
“This Court cannot and will not hear a matter that is not properly venued before it. Since this is not the fault of the prosecution, the matter is returned to the Magistrate Court for hearing of the exceptions and resistance to the Bail Bond only,” the judge ruled.
He clarified, however, that this does not prevent the prosecution from challenging the bond before the Circuit Court at the appropriate time, once the City Court has completed its review.
Defense Argument
During the hearing, lawyers representing Koffa and others—Cllrs. Wilkins Wright, Jonathan Massaquoi, and others—argued that the record clearly shows the exceptions were filed and venued before Magistrate Barco but were never ruled on prior to the case being forwarded to the Circuit Court. Therefore, they contend, the exceptions should be deemed moot.
They further argued that, under Liberian legal procedure, when a case is transferred from the Magistrate Court to the Circuit Court, the Circuit Court acts anew—beginning with the indictment and the issuance of its own writ of arrest. Hence, the Circuit Court is only authorized to rely on actions formally ruled upon by the Magistrate.
The defense insisted that because Magistrate Barco did not rule on the prosecution’s exceptions, the defendants’ Criminal Appearance Bond should stand—particularly since the bond’s sureties have already appeared and given approval.
The defense also informed the court that the preliminary examination was argued before the Magistrate on Thursday, June 12, 2025, with the ruling reserved for the following day. However, the case file was forwarded to the Circuit Court later that same afternoon, before the ruling was rendered.
Prosecution’s Argument
Represented by Cllrs. Jarry D. Garlawolo, Bobby Livingstone, and others, the prosecution opposed the defense’s motion and urged the court to dismiss it, citing both legal and procedural grounds.
They argued that, under the law, the prosecution has three days from the posting of a bond to file exceptions. In this case, the defense posted bond on June 9, and the prosecution filed its exceptions on June 12, within the allowable timeframe.
Furthermore, they asserted that the defense had three days to justify the bond after being served with the exceptions—ending on Sunday, June 15, 2025. However, the preliminary examination concluded on Friday, June 13, and the case file was already forwarded to the Circuit Court, which, according to the prosecution, had jurisdiction to hear the matter.
They contended that the exceptions and justifications were filed within the legal timeframe, and therefore the Circuit Court could rightfully hear arguments on the validity of the Criminal Appearance Bond.
“The application by the defense that the bond matter should have ended at the Magistrate Court runs contrary to both the letter and spirit of our law,” the prosecution stated. “A bond filed at the Magistrate Court, once properly justified, can be challenged up to the Honorable Supreme Court.”
The Way Forward
Judge Willie’s decision to refer the matter back to the City Court reflects a procedural stance to ensure that all legal steps are properly followed. The Magistrate is now tasked with determining whether the bond is sufficient, after which the case may proceed accordingly in the Circuit Court.
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