Monrovia – Defense counsels representing indicted former officials of the National Housing Authority (NHA) have requested Criminal Court ‘C’ Judge Blamo Dixon to suppress prosecution’s evidence produced to prosecute the defendants.
According to the defense counsel, the police report which includes the police charged sheet submitted to the court as prosecution’s evidence contains testimonies of Augustine Weah, Alian Zousgba and Emmanuel Topsoba. The lawyers claimed that the witnesses will not be available in court to be cross-examined.
The defense lawyers also argued that the exclusion or suppression of the testimonial statements is consistent with Article 21(h) of the Liberian Constitution.
In addition, the defense lawyers also argued that the Supreme Court has held that the law rejects all hearsay reports of a transaction whether verbal or written, given by a person not produced or who, it is clear, will not be produced as a witness in a case.
“Defendants say to include the said testimonial statements will deprive the defendants the opportunity to cross examine the individuals or the original makers of these testimonial statements made out of the court for the true of the matter asserted therein,” the defense lawyer said.
“It will also deprive the defendants in this court the opportunity to access the dominion of these individuals who are not available as witnesses in these proceedings. Further to that, defense also says, it will negate the legal requirements of providing testimony under oath.”
In response to the defense counsels’ contention, state lawyers argued that the defendants submission be denied because the defense request is a travesty of justice and a strange practice and procedure.
“That transcript from a police’s investigation that fall under the Ministry of Justice, which has the capacity or responsibility to prosecute criminal cases, said transcripts are information gathered by the police during its investigation and forwarded to court for the purpose of the state to establish a Prima Faci case against the defendants,” state prosecutors said.
Prosecution continued: “The defense counsels will have the opportunity to cross examine the police investigator who will take the witness stand to testify for and on behalf of the state as to its findings and conclusion of its investigation. Therefore, a request to this court to suppress a portion of said documents that were generated by the police is a travesty of justice and a strange practice and procedure.”
State lawyers further argued that under the Criminal Procedure Law, there are conditions that exist that give rise to the suppression of evidence but argued that in the instant case, the police report is not one of the conditions laid down in the statute.
“Prosecution requests court to deny said submission and order this trial proceeded with as the burden of proof in this matter rests on the prosecution, and any attempt by defense to arm twist prosecution’s evidence by short landing its evidence will be travesty of justice. Therefore, said request is a fixed subject for dismissal and that this matter be proceeded with,” State lawyers argued.
Later, Judge Dixon denied the defense lawyers’ request to suppress prosecution’s evidence.
The Judge said: “The court declines to suppress the evidence alluded to by the defense team, because the defendants in the dock waived jury trial and the court is sitting both as judge and jury. The suppression of any of the species of evidence disclosed to the defense team by the prosecution would prevent the court from having a better appreciation of the evidence in the case.
“Therefore, the said submission or motion to suppress evidence is hereby denied and dismissed. The resistance is hereby upheld and sustained for the reasons stated therein and also for the reasons stated supra.”
Defendants Duannah Siryon (Indicted Manager Director), Tugbeh C. Tugbeh (Deputy manager Director for Administration), Isaac Roberts (Depiuty Director for Technical Services all of NHA), and Augustine Weah, a purported Chief Executive Officer of Guss Group of Companies, Emmanuel Tapsoba, GELPAZ-IMMO Coordinator in Liberia were arrested, investigative and charged with the crimes of Economic Sabotage, Bribery, Theft of Property, Misapplication of Entrusted Property, Criminal Conspiracy and Criminal Facilitation.