Africa-Press – Liberia. The defence swiftly rejected JFK as a suitable facility, arguing that its status as a government-run institution renders it incapable of conducting an impartial investigation.
The Capitol Building arson case has taken a dramatic turn as the defence team representing the accused has rejected a court-ordered medical and psychological examination by the state-run John F. Kennedy Medical Center (JFK), citing serious concerns over the hospital’s neutrality in the wake of allegations of torture involving the National Security Agency (NSA).
Instead, the defence is now demanding a fully independent, internationally supervised medical evaluation, including psychological and psychiatric assessments, as claims of sodomy, waterboarding, and other forms of torture continue to dominate the trial’s early proceedings.
Criminal Court “A” Judge Roosevelt Z. Willie issued the medical evaluation order after the defence alleged that NSA operatives used torture to extract confessions from the defendants, in clear violation of both the Liberian Constitution and international conventions.
The defence cited specific methods including, Sodomy with blunt objects, Simulated drowning (waterboarding) and Prolonged beatings and sensory deprivation.
Such practices, they argued, violate the Geneva Conventions, the Universal Declaration of Human Rights, and Liberia’s own Anti-Torture Law.
“This is not just illegal, it is inhumane,” said Cllr. Arthur Johnson, lead counsel for the defence.
“The state cannot be allowed to prosecute and then appoint itself the examiner of its own misconduct.”
Court Sets September 9 Deadline for JFK Report, Defence Pushes Back
Despite the gravity of the claims, Judge Willie ordered that the accused be taken to JFK Medical Center for evaluation and directed the Clerk of Court to coordinate the transfer from Monrovia Central Prison.
The hospital was mandated to submit a detailed report to the court by Tuesday, September 9, with a final ruling on the torture claims scheduled for Wednesday, September 10, at 12:30 p.m.
But the defence swiftly rejected JFK as a suitable facility, arguing that its status as a government-run institution renders it incapable of conducting an impartial investigation into abuses allegedly committed by other state actors.
“We are calling for independent, internationally accredited experts to conduct these evaluations,” said Cllr. Wilkins Wright.
“Otherwise, this process becomes a formality meant to whitewash the crimes.”
Suppression Motion Alleges Widespread Constitutional Violations
The defence’s position stems from a 32-count motion to suppress evidence, which argues that the entire prosecution case is tainted by an illegal search and seizure, evidence obtained without a judicial warrant, records pulled from phone companies without court orders, unlawful NSA surveillance, unauthorised forensic procedures and most critically, torture-induced confessions.
If the court accepts the suppression motion, the prosecution’s case could collapse before trial even begins.
A Test of Judicial Independence Amid Pressure
Judge Willie’s initial decision to order a medical examination, rather than outright dismiss the torture claims, has been seen by some legal analysts as a rare exercise of judicial caution.
“This could be a turning point,” said a prominent legal observer.
“It’s one thing to rubber-stamp government prosecutions. It’s another to take torture allegations seriously. What the judge does on September 10 will define his legacy.”
Judge Willie has long been viewed for perceived pro-government rulings, particularly in high-profile and sensitive cases.
Civil society groups and opposition figures have expressed concern over what they describe as a pattern of rulings favouring the state, eroding public confidence in the judiciary.
No Televise Capitol Arson Trial
Earlier on Thursday, Judge Willie denied a defence motion seeking to televise proceedings in the ongoing Capitol Building arson trial, describing the request as a violation of existing court rules and an attempt to “bring the court to public disrepute.”
The request, made by Cllr. Johnson, came amid growing public scrutiny and intense national interest in the case, which involves the prosecution of several individuals accused of orchestrating the mysterious fire that gutted a wing of the historic Capitol Building earlier this year.
Cllr. Johnson argued that the public nature of the case, as well as Liberia’s commitments to freedom of information, justified live media coverage of the trial.
He cited the Freedom of Information Act, the Table Mountain Declaration, and historical precedence in election-related cases where the Supreme Court allowed public broadcasts of proceedings.
“This is a new era,” Johnson told the court. “We cannot continue to rely on outdated rules that block public access. This trial concerns the very heart of our democracy, and the public has a right to know everything, in real time.”
He also referenced the “Degree Petition Case”, which sought to determine the constitutionality of certain lawmakers, including J. Fonati Koffa, to stress that public interest warrants public access.
Prosecution Pushes Back
But the prosecution, led by Cllr. Richard Scott, strongly opposed the motion, calling it “a deliberate attempt to undermine court rules and delay proceedings.”
Scott argued that the current rules were not outdated as claimed, clarifying that they were revised in 1999 under Justice Wilkins Wright, not from the 1960s as the defence claimed.
“Thedefencee is engaging in grandstanding and misinformation,” Scott told the court. “The law is clear. Rule 11 prohibits any recording or broadcast of live court proceedings.”
He accused the defence of trying to sway public opinion outside the courtroom, which, he said, was a violation of the sub judice principle, and even urged the court to fine the defence team for taking the case “to the press rather than the court.”
Scott further argued that if the defence wishes to challenge the rules, they should do so via a formal petition to the Supreme Court or Legislature, not through motions in ongoing criminal proceedings.
Judge Willie’s Ruling
In his ruling, Judge Willie acknowledged that all cases inherently serve the public interest, but rejected the notion that public interest justifies media access in the way the defence proposed.
“Public interest refers to the welfare of society,” the judge said. “But there is no one case that is more ‘public’ than another.
The rules must apply to all, equally and without exception.”
Judge Willie cited Rule 11, which strictly forbids live broadcasts and recording in all Liberian courtrooms, and emphasized that allowing such a request would degrade courtroom decorum and mislead the public.
Quoting directly from the rule, he stated, “Proceedings in court shall be conducted with certain dignity and perfect decorum.
The taking of photographs and recording of live broadcasts are calculated to allow lawyers to grandstand, detract from witnesses giving testimony, degrade the court, and create misconception, this shall not be permitted.”
Judge Willie further stressed that any request to change this rule must be formally submitted to the Liberia Bar Association or the Supreme Court Rules Committee, not raised in open court.
Defendants Returned To Monrovia Central Prison
Earlier this week, in a move favoring the defence, Judge Willie ordered that the Capitol Arson defendants be transferred from Kakata Central Prison back to Monrovia Central Prison, citing the need for the accused to have unhindered access to legal counsel.
“The trial is in Montserrado County, not Margibi,” the judge said. “Defendants must be within the jurisdiction of the court trying the case.”
He further instructed the Ministry of Justice to make space in Monrovia’s overcrowded facility, even if it means releasing eligible pretrial detainees on bail to ensure compliance with the Constitution.
The prosecution, led by Cllr. Richard Scott has accused the defence of using the torture allegations and pushing for independent examinations as a tactical delay to avoid trial.
“This is all about stalling,” said Scott. “We have followed the law in our investigation. The defence is trying to shift the spotlight away from the crimes committed against the state.”
September 9 is the deadline for the JFK Medical Report, pending resolution of the defence’s objection, while September 10 @ 12:30 p.m., Judge Willie is expected to give his final ruling on torture claims and the motion to suppress the prosecution’s evidence.
The trail will proceed or collapse based on the outcome of ruling in defense motion to suppression evidence.
As the nation watches closely, the defence’s challenge to the JFK examination could reshape the trajectory of the case.
More than a legal battle, the Capitol Arson trial is fast becoming a referendum on judicial independence, human rights, and the role of state security forces in a democratic society.
Whether Judge Willie sides with the demand for an independent evaluation or presses forward with a state-controlled report could determine not just the fate of the accused but public faith in Liberia’s justice system at large.
For More News And Analysis About Liberia Follow Africa-Press
