Gbarnga, Bong County – A 39-year-old man who was charged with raping his grandmother, mother and a one-month-old baby and her mother was among eight pre-trial detainees released by Judge Karboi Nuta, who was assigned to Bong County’s Ninth Judicial Circuit Court in February. Nuta ordered the release of suspect, Junior Flomo and seven others on April 13, court records show.
Junior Flomo of Gold Camp in Kokoyah District was arrested in January 2019 after police said he raped his 63-year-old grandmother, his mother, and the infant and her mother in December 2018.
The seven remaining suspects who were charged with statutory rape in separate cases are: Sirleaf Page, Jerome Seawarkpala, Pewee Kerkulah, Konah Daniels, Titus Mulbah, Varney Momo and Emmanuel Togbah. They were accused of raping minors.
Court documents show that Nuta and Bong County Deputy Sheriff Perry Kaneh ordered the suspects’ release. The suspects had been in jail for over a year.
When asked his reason for releasing the suspects, Nuta referred our reporter to court clerk only identified as Daniel. Daniel refused to comment on grounds that he was not authorized.
The court released the suspects to Defense Attorney Mohammed Golafaley. Golafaley said the state failed to provide sufficient evidence against the suspects, so the court had the right to release them.
The eight were among 12 suspects that were released on April 13, 2020 because the state failed to provide evidence. The four remaining suspects are: Amos Kollie (charged with illegal possession of firearm); Hajah Togbah and Shadrach Mulbah (both charged with theft of property); and Nancy Gehdeay and Abraham Cooper (charged with aggravated assault. The four suspects were released on bail.
Bong County’s Chief Prosecutor Attorney Jonathan N. Flomo said the release of the suspects is a violation of Liberia’s Criminal Procedure Law.
He said he is not opposed to the suspects’ release, but the court should follow the law.
Under the law, there are two instances where criminal defendants can be released without trial: Chapter 18, Section 18.1 (Dismissal by Prosecuting Attorney) and Section 18.2 (Dismissal by Court for Failure to Proceed).
Section 18.2 of the law says that the state must be given the opportunity to show ‘good cause’ why the defendant/s should not be released. In the case of the suspects, the state did not receive a motion for “failure to proceed’’ filed by the defense or a motion from the court through a notice that the case had been assigned for hearing, Attorney Flomo said.
Flomo said he received the release document on March 26, 2020 from the sheriff’s office for the release of the 12 pre-trial detainees who had been indicted. When he received the notice, Flomo said he met with Judge Nuta and Golafaley and appealed to them not to release the suspects.
He reminded them that Sexual Offenses Division of the Ninth Judicial Circuit Court was created to deal with sexual offenses. Judge George Katapka was appointed, confirmed and commissioned as the presiding judge on March 10, 2020.
According to Chapter 25, Section 25.3 of the amended judicial law, all sexual offenses should be heard in the Sexual Offenses Division of the Ninth Circuit Court of Bong County, not the circuit court.
State prosecutors informed Judge Nuta that several defendants who were released had agreed to confess in court in a plea bargain deal. Junior Flomo was one of those suspects, the prosecutor said.
Despite his plea to Judge Nuta, Attorney Flomo said he was surprised when he learned on April 14, 2020, that the eight suspects who had been indicted on rape, a nonbailable offense under the law, had been released.
Attorney Flomo said he will refer the case to Solicitor General Cllr. Seyma Serena Cephus. Judge Katakpa said Judge Nuta ordered the suspects released before he took office March 10, 2020.
Attorney Flomo said he thought Judge Nuta considered his appeal to not release the suspects. The prosecutor said he was surprised to learn that the eight suspects who were indicted on rape charges, a nonbailable offense, were released.
FPA made further inquiry with the Resident Judge of the Sexual Offenses Division of the Ninth Judicial Circuit for Bong County, His Honor George C. Katakpa who admitted of knowing about the incident but said that he had not assumed office when the action was taken by Judge Nuta.
It can be recalled that His Honor George C. Katapa was appointed by the President of the Republic of Liberia as Resident Judge of the Sexual Offenses Division for the Ninth Judicial Circuit for Bong County and was subsequently confirmed by the Senate and Commissioned. On March 26, 2020, the “Program Marking the Seating of His Honor George C. Katakpah, Resident Judge, Sexual Offenses Division Criminal Court ‘E’, 9th Judicial Circuit, Bong County” was held at the Supreme Court. Thus His Honor George Katakpa’s statement seem to contradict that he hadn’t assumed office when the action was taken by His Honor Karboi K. Nuta on April 13, 2020.