Monrovia – After 10 months of legal bickering at the Temple of Justice the venue for the murder trial of Oliver Dillion, the case was on Monday, January 13, transferred from Montserrado County to Margibi County.
This latest move was taken by Presiding Judge Cianeh Clinton Johnson of the Criminal Court “B”.
Judge Johnson’s decision was taken after she ruled into prosecution’s motion filed before her for change of venue due to what it referred to as diverse local biases and the activities of Montserrado County Senator Darius Dillion, who is the brother of the Defendant.
Defendant Dillion’s lawyer resisted the motion filed for change of venue arguing that the prosecution did not show any evidence to prove any local prejudice if the case is tried in Montserrado County.
Prior to her ruling, Johnson added that the prosecution had requested the court to have the case transferred from the 1st Judicial Assizes Court “B at the Temple of Justice to the 5th Judicial Circuit in Grand Cape Mount County.
Judge Johnson wondered why the prosecution could think that the 5th Judicial Circuit Court could be the best place to try the case.
Citing a legal reference, the Judge said that an application for a change of venue is addressed to the discretion of the trial judge but that does not mean that the judge may act arbitrarily in the matter and that the judge discretion is judicial’ in character and a sound discretion guided by law.
She said there was no law that is being provided by the prosecution that says that the prosecution has the right to determine the venue or that venue is at the discretion of the state.
According to the judge, the law provides that the court has the authority to change venue to another county and not to a specified county by the prosecution and since this court not been mandated by law to grant the change of venue at the discretion of the state that discretion now solely lies in the court to decide where and in the discretion of the court all parties interest was going to be protected by sending the case to another county in accordance with law.
She ordered the Clerk of Court to enter the record of the transfer of the case and transmit all records to Clerk of the Margibi Court.
Prosecution lawyer, Cllr. Edwin Martin partially rejected the Judge’s ruling. However, the Defendant lawyer Atty. Philomena Williams interposed no objection but prayed for fair and speedy trial for the Defendant.
Defendant Dillion, a Coordinator of Decentralization at the Ministry of Transport, was arrested by officers of the Liberian National Police, investigated and charged with murder on Wednesday, April 17, 2019.
He has since been detained at the Monrovia Central Prison pending prosecution for allegedly killing Emmanuel Koffa, a resident of Gardnesville outside Monrovia.