Monrovia-The long-pending assault case involving The Republic of Liberia by and through Jumel Cox versus Kindness Wilson took another turn on Tuesday, November 11, when defense lawyer Atty. Jeremiah Samuel Dugbo I filed an excuse at the Monrovia City Magisterial Court on the same day the hearing was set to proceed.
By Willie N. Tokpah
The case had been scheduled to resume on Tuesday, November 11, following the court’s decision to rescind its earlier ruling dismissing the matter and to allow full trial proceedings to continue.
However, when the case was called for hearing, the defense lawyer submitted a formal request seeking a continuance, citing prior engagements at the Civil Law Court and Commercial Court of Liberia.
Atty. Dugbo, of J. Johnny Momoh & Associates Legal Chambers, said he was unable to attend Tuesday’s hearing because of a wedding ceremony and other professional commitments at the higher courts.
He attached copies of court assignments to support his claim.
The prosecution, represented by Cllr. Moriah Yeakula-Korkpor, swiftly objected to the excuse, describing it as an intentional delay tactic designed to frustrate the progress of the trial.
Cllr. Korkpor argued that since Atty. Dugbo works under a law firm, J. Johnny Momoh & Associates, other lawyers from the same firm could have represented the defendant.
She also pointed out that the excuse was filed only hours before the hearing, even though the defense was aware of potential scheduling conflicts weeks earlier.
She further reminded the court that the prosecution had been ready to produce its final witness and conclude its evidence presentation before the case was previously stalled.
In response, Atty. Dugbo maintained that his request was legitimate and in accordance with legal practice.
“Requests for excuse from subordinate courts due to engagements in superior courts are lawful and common,” he stated.
“The right to a continuance is not a privilege but a statutory entitlement under reasonable circumstances.”
He added that the prosecution had itself sought multiple excuses in the past, including a three-week postponement, despite having a large legal team.
“It is ironic that counsel now considers a one-day excuse by the defense as delay when the state failed for over six months to conclude evidence in a simple assault case,” Atty. Dugbo noted.
Following arguments from both sides, His Honor L. Ben Barco, Stipendiary Magistrate of the Monrovia City Court, granted the defense’s request “in the interest of fair play” but cautioned the law firm to ensure future representation by another counsel if the assigned lawyer is unavailable.
“The court grants the excuse but warns that in future, any counsel from the firm may appear to avoid unnecessary delays,” Magistrate Barco ruled.
He instructed the prosecution to issue a new notice of assignment and warned that failure by the defense to appear at the next sitting would be treated as contempt of court.
The case, Republic of Liberia by and through Jumel Cox versus Kindness Wilson, stems from allegations of Simple Assault, Menacing, and Disorderly Conduct reportedly committed in 2024.
It was initially dismissed but later reinstated following a court review. Both sides are now expected to return to court when a new date is set for the continuation of the trial.
Support Independent Journalism
Your support helps FrontPage Africa continue delivering independent, credible, and impactful journalism. Every contribution strengthens our ability to investigate, inform, and hold power accountable while keeping quality journalism accessible to our readers.
Support our journalism or subscribe to receive the latest FrontPage Africa stories and updates.
