Monrovia – Convicted and notorious armed robber, Frederick “General” Walker, was unable to get an approval from Criminal Court “D” at the Temple of Justice on Wednesday to seek medical treatment abroad, a move that could have given him temporary release from prison.
The court’s decision, rendered by Judge Sikajipo Walker, came from a motion for consideration to seek medical treatment abroad in favor of defendant Walker.
Defendant Walker’s lawyers told the court in a motion that as a result of the consequence of a motor accident prior to the defendant’s imprisonment, some vessels in his body were inflamed and he didn’t fully recover.
“With the manifestation of the defendant’s ailment in the form of recurrent profuse blood flow from Walker’s nose and mouth, the Government through the Ministry of Justice has tried to manage the situation by taking him to hospital, once before trial and at least three times after his conviction to no avail,” stated the defendant’s motion.
Atty. Richard Scott, the defendant’s lawyer from the Public Defense Office went on to state that Section 34.16 of the Criminal Procedure Law ensures that inmates are given treatment at a recognized medical facility.
However, Atty. Scott furthered that the Ministry of Justice has, on numerous occasions, taken the defendant to the John F. Kennedy Medical Center but the treatment has yielded little or no positive results to the extent where the report of the last examination recommended an advance medical treatment abroad as his case could not be treated in Liberia.
Also in the motion, the defense lawyer stated that because the defendant’s life hangs in the balance as per the report and information from the J.F.K. Hospital, it was a compelling reason for his client’s motion to be considered as per article 20 (a) of the 1986 constitution of Liberia.
In a resistance to the motion by the defense, state prosecutors under the guardianship of Montserrado County Attorney, Cllr. Daku Mulbah, asked the court to deny the motion on the basis that despite the defendant’s injuries in 2013, he engaged himself in criminal acts of armed robbery and criminal conspiracy.
“Respondent says that because the prisoner, Federick Walker has been adjudged guilty and sentenced to seven years in prison, the court lacks jurisdiction to hear this motion to issue any order releasing the prisoner from serving his full term and that the only person empowered to release the prisoner at this stage is the President of the Republic of Liberia who can exercise Executive power by granting clemency or reprieve to prisoner,” said Cllr. Mulbah.
But in the ruling of the court, Judge Sikajipo Wollor, stated that even though the court, at times, can be in sympathy with defendants, but said sympathy cannot exceed the interest of the corpus jurisprudence.
Judge Wollor stated in his ruling that granting sympathy to the defendant will automatically be considered as the usurpation of the function of the other branch of government which is the Executive. Hence, he denied the defendant’s motion was denied.
Defendant Walker and seven others were indicted during the November 2015 Term of Court for armed robbery and criminal conspiracy, and were tried, found guilty and sentenced to seven years in prison.
The denial of Walker’s motion to seek medical treatment abroad comes amidst accusation from popular radio talk show host, Henry Costa, that Montserrado County Attorney, Cllr. Daku Mulbah, allegedly received bribe to free armed robbery convict Walker but County Attorney Mulbah termed the allegation as a “blatant lie.”