Monrovia – Pinky Abu, who reportedly stabbed her boyfriend in July this year, has pleaded not guilty at Criminal Court ‘A’ after the indictment was read to her in open court.
Report by Bettie K. Johnson-Mbayo, [email protected]
She mournfully said, “ I Plead not guilty” while sitting in the defendant’s dock.
Prior to Abu’s statement, Cllr. Arthur Johnson, her lawyer filed a motion to admit to bail requesting the court to grant it on several reasons which include the absence of autopsy report to establish the authenticity of the death of the deceased.
He argues that there is no eyewitness according to the fact of the case who testified to the effect that the defendant stabbed the deceased for which he sustained an injury and subsequently died.
“The defendant is a mother of a child aged two, and her continuous incarceration will have a negative impact on the child,” he argued.
Cllr. Johnson told the court that there is no forensic, no fingerprint, and no cause of death that link the defendant to the knife and to the wound identified on the deceased.
“That is, there is no criminal agency that links the defendant to the commission of the crime of murder,” he said.
He relied on Chapter 13 Section 13.1 Criminal Procedure law and cited cases of Hans and Mardea Williams vs RL and Zoe Banjoe Vs. RL.
He admitted to the fact that since the indictment was drawn, the burden was on him (Cllr. Johnson) to show that proof is not evident and presumption not great.
In resistance, the state prayed the court to denied the motion because the crime charged against the defendant is a capital offense.
The state said the coroner report points to the cause of death and that the defendant used the knife.
The prosecution also said that it was wrong to accept the motion primarily because the defendant has a child and that the incarceration would lead to psychological effect on the child.
“We have eyewitnesses to testify to the effect that the defendant in the dock was the one who caused the altercation that resulted into a fist fight, leading to the stabbing of the deceased.”
Montserrado County Attorney Cllr. Edwin Martin also cited Chapter 13 section 13.1 of the Criminal Procedure Law, and Article 21 (c) of the 1986 constitution.
Resident Circuit Judge Roosevelt Willie denied the motion on Wednesday, saying the court must establish whether or not a defendant charged with a capital offense should be granted bail because the continuous incarceration of that defendant would negatively impact the minor.
He questioned whether or not a defendant in a capital offense should be placed on bail because there is no eyewitness to attest to the commission of the crime and when and why is an autopsy is necessary.
Judge Willie cited Chapter 13 Section 13.1 of the criminal procedure law, titled the right to bail which states that every crime charged is bailable under our law but in a capital offense where the proof is evident and the presumption is great, the accused shall not be entitled to bail.
“On the other hand, where presumption is not great and proof is not evident, that accused person is entitled to bail and the burden to proof or to show that proof is not evident and presumption is not great squarely lies within the domain of the defendant after the indictment has been drawn,” he said.
He continued, “It is not a crime that the defendant says that as far as facts and circumstances are concerned presumptions is not great and assumption not evident. In our understanding of the law, the answer is no. The only exception provided under this law is 13.1.3.”
Judge Willie furthers that he could not grant the bail because there is no eyewitness to attest to the commission of the crime.
Recalled that the Supreme Court had opinioned in 30 LLR Nimely vs Republic: “ It is not necessary that one actually be seen committing a crime before he or she could be held guilty, but that it is sufficient for that person to be convicted when the logical deductions for the facts and circumstances lead conclusively to the fact that the crime was committed and the accused is connected to the crime.”
Judge Willie said the court cannot attest to a eyewitness scenario but will leave it with the prosecution to show facts and circumstances reasonable doubt that the defendant committed this capital offense that is not bailable.
He said the burden is on the prosecution to prove during trial if the deceased died from knife stabbing.
“And so, to answer the issue raised, an autopsy is done where and when there is doubt as to the cause of death and the prosecution has the burden to show it during the trial.
“In view of the facts and law as stated, this court says that the motion filed by the defense counsel is hereby denied and the defendant will continue being in prison until a final verdict is determined in these proceedings.”
The ruling was excepted by Cllr. Johnson, who gave notice to the court that he will take advantage of the statutes and the law controlling.
Judge Willie also denied defense attorney’s request to allow him to stalled trial while he seeks legal remedy at the Supreme Court.
Cllr. Johnson said it was the right of the defendant to file for certiorari and mandamus at the high court, something he said will be in the interest of justice.
“The attempt to proceed further will prejudge the defendant’s right as to certiorari and law control that the time of the interrogatory ruling the affected party should immediately proceed to the court for redress,” he said.