Monrovia – The Independent National Commission on Human Rights, by and through its Chairman T. Dempster Brown, has filed a petition to the Chambers Justice Jamesetta Wolokolie, for a Writ of Mandamus, compelling the Ministry of Justice and Attorney General as well as the Director of Police to indict and prosecute Senior Liberia National Police Officer, Joshua During accused by his junior officer of rape.
A Writ of Mandamus will compel the Ministry of Justice, Attorney General, and Police Director to perform their duties, in keeping with the Constitution and statute of Liberia.
The Supreme Court has held that Mandamus is a judicial proceeding to coerce the performance of duties devoted by law upon public officials and as an Independent Human Rights Commission, it is its responsibility to recommend the authority of the state for prosecution or other actions deemed fit against concern persons.
According to INCHR, on February 10, a complaint was filed to its office, that an alleged rape occurred on November 25, 2021, when Senior Officer During summoned the female officer to his office at about 4:45 pm.
However, the Commission noted in its April 21 petition, that since a formal complaint was filed, the Liberia National Police has not entertained said grievance, since November 2021 as to whether or not the allegation of rape levied by the female junior officer has sufficient magnitude to warrant a formal charge of rape against the accused.
Since the reported allegation of sexual assault and or rape levied against the Liberia National Police Montserrado regional commander, there have been claims and counterclaims suggesting a dead end to the case.
Officer Joshua During was accused by the female subordinate officer of rape and assault against her person. According to her, the incident took place on November 26, 2021.
Joshua, through a police preliminary investigation, denied all allegations linking him to the crime.
The survivor, has repeatedly, in a series of radio interviews pointed fingers and assured the public that her revelation about the November 26, 2021 incident involving officer During is the truth and nothing else.
She has worked as a Patrol officer of the LNP for the past 10 years but expressed regrets over the current trend of the case involving her and officer During.
The survivor disclosed that comments of mockery have been directed to her since she took to the media to seek justice, amid fear that there would be no redress to the matter.
Rape, under Liberia’s new penal code, is a crime against the state, especially towards a minor, and is punishable by a jail sentence of 7 to 10 years or more.
But the Liberia National Police, has since then, entirely rubbished the survivor’s claim against officer During, terming it as false and misleading.
An investigation team, headed by LNP Deputy Inspector General for Crime Services Prince Mulbah, stated in a press conference on February 7, that elements required in authenticating the truthfulness of a rape allegation as required by law were not discovered throughout its investigation in regards to the survivor’s allegation.
The Survivor earlier accused Officer During of fighting and overpowering her with his strength, thereby having sex with her in his office chair during the late evening hours at the LNP headquarters.
Contrary to this, the chief investigator of the case, Col. Mulbah, disclosed that examination and other checkups conducted did not show any physical injuries or bruises as evidence to suggest an act of force used while the alleged crime was being portrayed.
The investigation further revealed that both Officer During and the Survivor appeared to have a close relationship before the incident, which was traceable by phone calls on the call log.
Despite the LNP position, the INCHR noted that the failure of the Liberia National Police Professional Standard Board to conclude a preliminary investigation into said grievous allegations such as rape, as well as submission of the Board’s recommendations to the Inspector General of Police for review, decision, and action, undermines and impinge legal standards set, as well as national gains in the fight against rape in Liberia.
“In the sincere opinion of the INCHR, the Liberia National Police has abdicated its statutory responsibility by not ensuring that the accused senior officer is charged and forwarded to court for prosecution into the allegation,” the INCHR Petition noted.
“Such attempt undermines the rule of law and tacitly arrogates unto the police the authority to decide on a matter such as rape, which is an egregious offense under our law.”
Moreover, the petition is requesting the respondent to ensure that the victim is given access to justice by ensuring that the alleged suspect is charged and prosecuted consistent with the law.
The INCHR further informed the Chamber Justice that 16.21 of the Civil Procedure Law states that “Mandamus is a special proceeding to obtain a writ requiring the respondent to perform an official duty.”
As a result, the petitioner noted that the Respondent Minister’s refusal or delay to proceed by the law will impair the victim the enjoyment of her human rights and fundamental freedom and further victimize her.
Therefore, the INCHR is requesting the Chambers Justice to grant the petitioner the Peremptory Writ of Mandamus and have the Ministry of Justice proceed according to law, by allowing the perpetrator to be indicted and arrested, consistent with due process as well as grant the petitioner all rights legal, just and equitable in the proceeding.