Monrovia – State prosecutors in the aggravated assault case involving the former Director of the Executive Protective Service (EPS) Darlington George has been held in contempt and ordered to pay a fine of US$100.00 within 24 hours.
Report by Kennedy L. Yangian, [email protected]
The fine was imposed on Tuesday, January 17, 2017.
The court order comes out of the repeated absence from court the prosecution fourth witness, police officer Monroe Dennis who had failed to continue his testimony in the trial.
Judge Karboi Nuta, presiding Judge of the Criminal Court “B” at the Temple of Justice who took the decision Tuesday, said if the prosecution lawyers failed to comply with the court’s ruling within 24 hours, they would be ordered arrested and detained until they can comply.
“The court herein immediately hold the prosecution in contempt and fines US$100.00 to be paid within 24 hours and receipt be presented to the court by the morning of January 18, 2017 at 9:00 am let it be noted that failure to comply with this order will necessitate the legal action, one of which is that the Clerk of this court is herein ordered to have the prosecution herein present arrested and incarcerated until compliance,” Judge Nuta said.
During the course of the trial last week, prosecution lawyers, Cllr. Sunifu Sherriff and Kpoto Gizzie told the court that its fourth witness Dennis was been sent to Kakata on an assignment by his boss and could not be present to continue his testimony, therefore the court should grant them time (continuance) which the court duly granted.
On Monday, January 16 the two prosecution lawyers again told the court that its fourth witness Dennis was ill and could not appear again.
The prosecutors asked the court for another continuance (time).
But defense Counsels, Cllr Amara Sherriff and Atty. Jonathan Massaquoi early Monday morning informed the court that witness Dennis was not ill and that the application made by the prosecution was intended to delay the trial.
Based on the defense counsels’ information the court dispatched the clerk and sheriff of the court along with the defense counsel to the LNP Headquarter to ascertain whether the information given by the defense was true.
During the visit at the LNP Headquarters, the court’s staff discovered that witness Dennis was at work and not ill as reported by the prosecution lawyers.
The matter was later brought to the attention of the Police boss Gregory Coleman who ordered the witness back to the court, but the court asked him to get back and return the next day which he also failed to do.
Due to his absence from court on Tuesday, January 17, Judge Nuta’s ruling at the adjournment of the case, imposing fine on the prosecution.
“Upon the adjournment of yesterday’s ( Monday) session, the lead defense counsel Cllr. Sherriff came and informed the court that the alleged witness who was said to be ill and attending medical attention is currently at work and healthy, the clerk and defense counsel proceed to the LNP Headquarter and reported that the witness was at work and not ill as reported an unable to be present as reported at today’s sitting, had again deliberately absent himself with the knowledge of the prosecution,” Judge Nuta said while holding prosecution in contempt for their action.