Monrovia – The Supreme Court has finally ruled in the murder case of the late Liberian Journalist Tyron A. Browne.
Report by Augustine T. Tweh, [email protected]
The high court ruled that the trial of the case be done in Bomi County instead of Gbarpolu County as earlier prayed for by defendant Jonathan K. Williams.
Journalist Browne was murdered on the night of April 15, 2018, in the Duport Road Community.
Prior to his death, the deceased worked as a journalist with a local radio station, Super FM/TV owned by businessman George B. Kailondo.
The case was taken to the high court on an appeal by state lawyers, challenging the ruling of the then Justice-in-Chamber, Associate Justice Sie-A-Nyene G. Yuoh.
In her ruling, Justice Yuoh said: “Wherefore and in view of all that have been stated, the alternative writ of certiorari is hereby affirmed, and the peremptory writ of certiorari is ordered issued. The two rulings of the trial judge denying both the motion for a separate trial from the defendant Jonathan K. Williams by petitioners Alice Youti and Edwina Youti.
“And the motion for change of venue by the petitioner Jonathan K. Williams is hereby reversed, with instruction that the matter regarding petitioners Alice Youti and Edwina Youti be transferred to the appropriate magisterial court; and further instruction against petitioner Jonathan K. Williams be transferred to the 16th Judicial Circuit Court, Gbarpolu County in accordance with the law regarding such transfer and that the trial thereto be prioritized.”
The case was taken to the Justice in Chamber on an appeal by the legal counsels of defendant Jonathan K. Williams and Alice Youti and Edwina Youti, defendants in the case.
The defendants’ appeal grew out of Judge Roosevelt Z. Willie’s rulings, denying the defendants motion for change of venue and the motion for separate trial.
Williams is charged with murder while Alice Youti and Edwina Youti are charged with hindering law enforcement.
But the Supreme Court on Thursday, August 22, ruled that a defendant is not obligated to show or proffer any form of evidence in order for a court to grant his/her motion for a change of venue.
“The Supreme Court has held that “Where a defendant in a criminal case involving a felony swears that he fears that because of local prejudice, he will be unable to obtain justice, our statues make it mandatory that a change of venue be granted”
The ruling continues: “That is why the Supreme Court has reasoned that the option to change a place of trial or prosecution is a right conferred to a criminal defendant in a murder trial and that the exercise of such right cannot be hindered by any court of law.”
The ruling also added that Judge Willie was in error to have rejected the Defendant Williams’ motion to a jury trial.
“The only requirement set by the organic law, the Constitution, on the defendant’s choice or right to waive trial by jury is that he/she must do such waiver with appropriate understanding and must expressly waive the right to a jury trial. There is no condition on the imprisonment term of the offense charged neither there is any discretion given the judge to decide whether to accept the defendant’s choice to waive his right to a trial by jury,” ruling adds.
The full bench also ruled that the lower court judge transferred the murder case to Bomi County while the crime of hindering law enforcement be transferred to the Monrovia City Court.
“Notwithstanding, the affirmance of the decisions of our colleague as we have stated above, it is the opinion of this court that for the convenience of the parties’ ease of transporting witnesses and largely for the purpose of promoting the ends of justice, it becomes compelling to modify our colleague’s decision to order the change of place of prosecution for the first appellee Jonathan K. Williams to Bomi County”
It concludes: “Wherefore and in view of the forgoing, the consolidated ruling of Madam Justice Yuoh is affirmed with modification that the trial as to first appellee Jonathan K. Williams be transferred to the Eleven Judicial Circuit Court of Bomi County. The Clerk of this Court is ordered to send a mandate to the court below to proceed in accordance with this opinion.”
During police investigation of the late Journalist Tyron A. Browne’s murder case, at least six of the seven suspects were arrested and placed behind bars at the Monrovia Central prison ahead of trial.
Suspect Williams was charged with murder, Alice Youti, Edwina Youti, Joana Bracewell were charged with hindering law enforcement; Ernest Kermue and Caesar Bill Kennedy were charged with criminal facilitation to commit murder and hindering law enforcement.
Before the trial, government lawyers representing the late journalist Tyron A. Browne dropped charges against Ernest Kermue, Caesar Bill Kennedy and Massah Kennedy and Joana Bracewell as state witnesses.
While Alice and Edwina Youti are now being tried with Williams in connection to Journalist Browne death.
During the reading of the Indictment, Williams, Alice and Edwina pleaded not guilty to their various crimes.