Monrovia – Prosecution lawyers in the just-ended alleged stolen vehicles case involving two Liberians suffered setback when the Criminal Court “C” Judge Yussif Kaba refused to grant them new trial.
Report by Kennedy L.Yangian [email protected]
Judge Yussif Kaba also ruled and denied the prosecution pronouncement for an appeal to the Supreme Court claiming that it was against the law for prosecution to ask for an appeal in criminal cases.
Last week the prosecution lawyers led by Cllr. Jerry Garlawolo requested the court to grant them a new trial after the jury has cleared the two defendants in the case of most of the charges.
Defendants, Tony Campbell a US based Liberian and Sheak Brown a Liberian residing at home have gone on trial for allegedly smuggling nine stolen vehicles from the United States to Liberia which they denied.
The two defendants were charged with theft of property, economic sabotage, smuggling, criminal conspiracy and facilitation but eleven out of the 12 member trial jury returning from the room of deliberation declared a not guilty verdict in favor of the defendants for the crimes of smuggling.
While 10 of the 12 member jury returned with a not guilty in favor of the defendants for the crimes of criminal facilitation and nine of the 12 jury also returned with a guilty verdict for defendant Campbell for economic sabotage and not guilty verdict for Sheak Brown as well as not guilty verdict of the crimes of theft of property for the two defendants.
But a week after the verdict was announced prosecution lawyers told the court in its motion for new trial to set the verdict aside as the verdict was conflicting when the jury held the defendants not guilty of the predicate offence as the jurors was not in agreement to whether or not the defendants were guilty of inchoate offense.
Defense lawyer Cllr. Johnny Momoh asked the court in its resistance to deny the motion for new trial as the motion lacks any legal basis under the law.
Prior to his ruling on Monday, August 28, 2017 Judge Kaba indicated that under the Criminal Procedure Law Chapter 22, Section 22.1 sub-paragraph 1.2 and 3 provides that when a verdict has been returned against the defendant, the court on motion of the defendant may grant a new trial on any of the grounds specified, when the defendant has been found guilty by the a motion for new trial may be granted only on the ground of newly discovered evidence.
Judge Kaba declared that neither the court or any other as far as the law concerned possesses the competence and authority to question such verdict and not to belabor this point, the court then averred that it does not sees justification to give credence to the state’s application for a new trial.
“Wherefore and in view of the foregoing, this court hereby ordered denied the prosecution’s application for a new trial and grants the prayer contained in the resistance to the said motion and it is hereby ordered” said Judge Kaba.
Also in his ruling Judge Kaba denied an appeal taken by the prosecution and indicated that in the crimes of criminal facilitation and economic sabotage the jury not having reached a verdict in conformity with the law was hereby declared a hung verdict and a new trial was hereby ordered.
The judge ruled and stated that the vehicles which are the subject of the criminal charges levied against the defendants shall remain in the custody of the Sherriff of the court.