Monrovia – Early Wednesday morning, Morias Waylee and wife went to the Monrovia City Court with the hope that the motion to dismiss will be heard by the court.
Report by Bettie K. Johnson Mbayo, [email protected]
But there was no court session on grounds that the National Trial Judges were in a training that led to the suspension of every court proceeding for the day.
The Liberia National Police arrested the lawmaker and charged him and his wife Welleh Waylee with multiple crimes that included criminal conspiracy in violation of chapter 10.4. However, due to insufficient information, the LNP could not charge him with rape.
The lawmaker was also charged with ‘tampering with witness,’ which is a violation of Chapter 12 sub-chapter C 12.40 and Chapter 12 sub-chapter C section 12.411, according to the Revised Penal Code of the Republic of Liberia.
Former Police Inspector General Gregory Coleman said at the time that the suspect, who was not charged with rape, was not overlooked because the investigation was still ongoing, and there is a need to establish all the facts to make sure the act was committed before coming up with such a charge.
Waylee was reported to have impregnated his 12-year-old niece (name withheld) who was reportedly staying with him but was later moved to an unknown location after the alleged rape was reported, with the intent to destroy evidence.
The incident allegedly took place in May of last year. The girl’s father was also reported to be the driver of him (Waylee).
Wednesday’s appearance was the couples’ sixth appearance at the Monrovia City Court for prosecution after they were arrested by the Liberia National Police on Thursday, July 12, 2017.
The first time the defendants were at the court was on Saturday, July 14, where they were arraigned and later freed on bail after they filed a criminal appearance bond.
On Monday, July 16, 2017 the couple made another court appearance, but Magistrate Kennedy Peabody could not proceed with the trial due to the absence of Police boss Gregory Coleman, Chief Prosecutor and Solicitor General Cllr. Betty Lamin Blamo.
A source who asked not to be named said the legal counsel Cllr. Albert Sim of Sherman and Sherman filed a motion to dismiss the criminal charges against the couple.
When this newspaper reporter contacted the clerk of the City Court, Mr. Francis Weah, he said the case filed is with Magistrate Kennedy Peabody.
However, our source said the file on the case was with him but he refused to display it to our reporter.
Waylee was arrested by officers of the Liberian National Police (LNP) on Thursday, July 12, 2017, months after this newspaper reported what had happened. However, the lawmaker has denied the claims.
Mr. Waylee told FrontPageAfrica that the allegation was a make-up from his political opponents and that he does not know this girl, questioning – “Do I look like someone who will rape a 13-year-old girl?”
He and wife are currently on bail after their bond was filed by an insurance company when they were arrested and brought before the court.
In early August Magistrate Peabody held authorities of the Liberia National Police (LNP) in contempt for “refusing to follow-up” on the rape case.
He disclosed that the trial has been abandoned by the prosecution. “I don’t know what is happening with the case because the government charged Rep. Waylee and his wife, but the prosecution is yet to ask for any assignment to continue with the matter,” Peabody said.
“You cannot blame the court for not doing much to proceed with the matter; it is the accusers that should come to court to make assignment if they are not doing so.
Because we were interested to have a speedy trial of this matter, we were even compelled to fine authorities of the LNP for their unwillingness to prosecute Rep. Waylee, but they have refused to do anything to have the case resumed.” Magistrate Peabody said.
To obtain a conviction for sexual assault, the prosecutor must prove all of the elements of the statute beyond all reasonable doubts. In other words, if the government fails to prove even one element of the crime, the defendant will be acquitted,” a legal expert explained.
It is the opinion of legal experts that the prosecution’s lack of drive in the case is simply because the case against the lawmaker has not been established beyond a reasonable doubt, which means the LNP has not been able to accumulate substantive evidence to prosecute the lawmaker.
“The LNP’s statement that there is a need to establish all the facts to make sure the act was committed,” said a legal expert, “is an admission that police investigators don’t have facts to prosecute the case.”
Cllr. Amara Sheriff said the charges shall be dropped provided the alleged victim is produced before the hearing tribunal.
“Private prosecutrix failed to appear to provide needed evidence relating to and arising from the alleged act of kidnapping, it is the law in this jurisdiction that assuming they reconcile the suspect and victim doesn’t stop prosecution because the crime is committed against the Republic of Liberia and the eyes of the law it is the sovereign that is affected,” he said.
Cllr. Sheriff continued: “In the absence of the victim, the state can proceed, because the matter was handled or investigated by the first criminal agency.
“The police could provide evidence in the absence of the victim.”
When asked if the couple’s charges can be dismissed on a motion to dismiss, Cllr. Sheriff said, “Under the criminal procedural law, if a defendant is not tried at the end of the next succeeding term, the matter is subjected to dismissal upon appropriate application.”
It can be recalled Senator Nyonblee Karngar-Lawrence (Liberty Party, Grand Bassa County) promised to ensure that the law is exhausted on the case.
In a statement, Senator Karngar-Lawrence said, her office was quiet on the matter when it was first reported because there was not much fact to prove the allegation.
However, with new developments and outcome of investigation conducted by the Liberian Police, her office will get involved in ensuring that justice is properly administered.
“My office will ensure to exercise its oversight authority in following the situation until the law is exhausted in this regard.”
“Rape is a crime sounds like a cliché, but I tell you, rape destroys the dreams, aspirations, determination, and perspective of life and the general sanity of the victim. No one should experience such feeling of vulnerability,” the statement noted.
Sen. Karngar-Lawrence averred: “It is now time that we get to find new ways in implementing our various laws against the act so that we get to extremely discourage those with such intent.
“I will seek to consult with experts in this view in finding out what more we could do to absolutely make our girls and women free and safe of rape and other sex related violence against them.”
“I henceforth restate my willingness to fight alongside our girls and women who are targeted by deviant men and women in our society.”
A prosecutor said the county’s refusal to collaborate with them is impeding the trial and such they may or may not continue the case.
Since the case was reported eight months ago, none of the lawmakers or county leaders has spoken concerning the case. They have rather chose to remain mute till today.
The 13-year-old girl could be either seriously ill, malnourished or on the verge of death after she was allegedly thrown out of the house by his wife, when she became pregnant, according to Police investigation.
The fate of the infant she painfully brought into this world leading to a battle with fistula is unknown. Yet, an entire community, an entire county remains silent even as authorities finally zero in on bringing statutory rape charges against the former lawmaker.
The authorities can only charge him with bailable crimes because the victim at the center of the tragedy is nowhere to be found.
Waylee has been successful in perhaps convincing the family to keep quiet.
The little girl was reportedly taken to the Sande bush while the driver of the lawmaker, who is said to be in the know of what actually happened, is also in hiding, or according to Waylee, somewhere in the sick bush.