Liberia: Court Denies State Lawyers’ Request to Re-Arrest, Incarcerate Rep. Yekeh Kolubah
Monrovia – Criminal Court ‘A’ Judge Roosevelt Z. Willie has denied state lawyers bail of information to re-arrest and incarcerate Rep. Yekeh Kolubah and six others facing prosecution at the court (Criminal Court ’A’).
The request was filed before the court on July 2, for the re-arrest and incarceration of the District #10 lawmaker who was indicted along with six others for aggravated assault, criminal attempt to commit murder, kidnapping, and criminal facilitation.
But Judge Willie denied the request following legal arguments between state lawyers and the defense counsel.
“In view of the foregoing facts and circumstances, this court says the bail of information as provided by the Informant is hereby denied as it is (Court) satisfied with this bail bond until the case is found. And it is so ordered,” the ruling said.
The state lawyers bail of information grew out of Judge Willie ruling of June 26, 2019. In the June 26 ruling, Judge Willie denied the defendants’ criminal appearance bond during the hearing of the prosecution motion for the justification of surety and ordered that they are re-arrested and brought before the court to justify their bail bond.
Judge Willie also set aside the defendants’ property evaluation bond because it did not meet the legal requirements as provided for under Chapter 3 of the Criminal procedure Law.
But in his Tuesday’s ruling, he said in the process of re-arresting defendant Kolubah, he (Kolubah) filed a bail bond with two sureties that included the six defendants who bail bond had earlier been set aside due to defect.
“In the interim, the Informant/Prosecution filed a Bail of Information to this court and as earlier said reminding the court that its order has been disrespected or it has not implemented its own order as the defendants have not been arrested and incarcerated. It is based on this information has filed by the petitioner/state that we have assembled here today to determine the information.
“There are two questions that we must answer to determine this Bail of Information. The first question is what is the purpose of the bond? The second question is, how is the prosecution or informant injured in these proceedings if assuming but not admitting were the defendants not incarcerated?”
He added that the Supreme Court has opined that the purpose of a bail bond is to secure the presence of the accused before the court for the purpose of public justice and therefore could not order their re-arrest and incarceration.
“The court wish to further state that on examination of our file and although the sub-caption of the second bail bond filed carries Yekeh Kolubah Bail Bond, the actual title of the case which includes all of the defendants including Yekeh Kolubah carries the names of the defendants who the court had earlier made to be arrested,” Judge Willie said.
“Meaning that under Yekeh Kolubah’s second bond has included thereto the other defendants whose bond was earlier set aside and is the court satisfy whenever they are needed in court? The answer is yes.”
Judge Willie added that action of the defendants is not tantamount to the obstruction of justice in their criminal prosecution to warrant re-arrest and incarceration.
“We have said continuously that as far as this court is concerned, the conduct so far of the defendants to include Rep. Kolubah has not affected this court because even Yekeh Kolubah has sureties to his bail bond attached”
He continues: “And this court wishes to assure all that parties that as far as these defendants are concerned the court is satisfied as the law requires and whenever they violate any of the provisions as laid down by this bond, they shall be arrested and incarcerated.”