Monrovia – The Supreme Court of Liberia has sentenced 11 defendants to 15 years detention, adding an additional five to the 10 years given previously by a court in Grand Bassa County.
Report by Bettie K. Johnson-Mbayo/ [email protected]
The judgment by the high court followed an appeal filed by defense lawyers who took exception to the ruling by the lower court to the Supreme Court’s sitting in its October Term 2015, which was granted by Judge Yusiff Kaba.
Those sentenced were Fred Saye, Yei Dokie, Prince Zeaduah, Jerome Zuweh, Wilson Gono, Wuo Gballah, Peter Zuweh, Orande Kortor, William Gbanda, Saye Jebolo, and Oretha Gono.
On April 13 2015, presiding Judge Kaba said court records showed that the crimes committed by the defendants were more or less crimes of obsession and since the purpose of a criminal trial was to serve as a deterrent to future commission of similar offenses, the court shall take due cognizance of the peculiar nature of the crimes for which the defendants were adjudged guilty.
Judge Kaba said it did not appear from court records of the proceedings that any of the defendants was a habitual criminal.
According to him, the jury returned with a unanimous verdict holding the defendants guilty of multiple crimes and there being no motion for a new trial, therefore, the defendants were adjudged guilty.
Under the law, a defendant charged with multiple offenses for which a verdict of guilty is rendered, shall be sentenced to the highest crime charged, said Judge Kaba.
“A perusal of the indictment shows that the highest crime charged is armed robbery and a review of the record in these proceedings shows that no death ensued as a consequence of the commission of the crime,” he said.
During the trial, the State produced 11 witnesses, while the defense produced seven.
The defendants were arrested 2014 following riots that paralyzed operations at ArcelorMittal site near Mount Takadeh in Nimba County. The case was transferred to Grand Bassa County for fear that it could spark further violence.
The multiple crimes included arson, armed robbery, and theft of property, physical obstruction of government function, criminal mischief, riot, and failure to disperse. Others were disorderly conduct, obstruction of highway and other public passage and criminal conspiracy.
During the commission of the crimes, the accused disturbed, damaged and carried away properties of ArcelorMittal, Afcons and SEGAL, valued at US$5,000,000 and physically obstructed the enforcement of the law at Banlaw (TNF) junction near Gbarpa, felled trees and created roadblocks.
They also restricted free movement of traffic, violated, exhibited cutlasses, sticks, stones and other lethal instruments, and chanted threatening slogans.
The ruling the Supreme Court said that the state produced evidence to warrant the conviction of the accused.
“However, the sentence of indefinite period of detention not exceeding 10 years, with the possibility of parole in the instance of good behavior, hereby modified to 15 calendar years, this being the minimum detention stipulated under Chapter 15 Section 15.34.2 of the Penal Law of Liberia,” said the court.
The court further said that the state did not provide evidence to link one of the co-appellants, Saye Garteh, to the conspiracy and the commission of the offenses charged in the indictment thereby he was ordered released.