Monrovia – Supreme Court Associate Justice Sie-A-Nyene G. Yuoh, who is presiding judge in high chamber at the Temple of Justice, has ruled to transfer the murder case of Liberian journalist Tyron Brown from Montserrado County to Gbarpolu County.
The transfer of the case was based on a writ of certiorari filed before Justice Yuoh by the legal counsels of murder suspect Jonathan Williams after Judge Roosevelt Z. Willie of Criminal Court “A” had denied Williams’ motion for change of venue.
But state prosecutors took an appeal to the full bench of the Supreme Court for further determination into the case.
The defense claim that their client could not get fair and impartial trial when the case is tried in Monrovia because of the public sentiment that has been expressed about the accused since the murder of Journalist Browne on April 15,2018.
During the first argument before Justice Yuoh, one the defense counsels Jimmy Bonbo argued that the refusal of Judge Willie to grant his client right to change of venue and a wave of jury trial violates section 5.7 (B) of the criminal procedure Law.
Cllr. Bonbo also argued that the fear poses to his client by public outcry and the reports of both the electronic and print media have the propensity to influence the judge’s decision to render impartial trial to his client.
Arguing that his client can only be fairly and legally tried if he is granted bench trial and a change of venue to Gbarpolu County to avoid public sediments in the alleged murder case.
But state lawyers counter-argued that the motions for change of venue and bench trial is a lazy argument and that the reports of the media did not in any way put fear or threatens the life defendant Williams.
Prosecution lawyer Cllr. Bobby Livingstone said the intention of the defendant motion has no legal gravity but intended to delay the trial proceedings.
“Co-respond of the Republic of Liberia pray your honor and this honorable court to deny the application made by Jonathan Williams for change of venue and grant unto the Republic of Liberia Co-defendant, all other reliefs deem legal and equitable,” he said.
At the same time, Justice Yuoh also granted surveillance or separate trial to co-defendants Alice and Edwina Youti.
Justice Yuoh said the Judge Willie of Criminal Court “A” lacks the jurisdiction to preside over the crime of hindering law enforcement and ordered him to transfer the case to the magistrate court, which has legal jurisdiction over the matter.
The Justice-in-Chambers added that the crime of hindering law enforcement is a third-degree misdemeanor and cannot be tried with a murder case – a first-degree felony.
Her decision was based on legal principles and the argument proffered by the legal counsels of co-defendants Alice and Edwina Youti.
Also pleading for severance, Cllr. Massaquoi argued that the crime of hindering law enforcement is antagonistic to the crime of murder and therefore cannot be try together, praying for separate of trial for his clients
Alice Youti, Edwina Youti, Jonathan K. William and four others were arrested by the Liberia National Police in connection with the murder the Journalist on April 15, 2018 in the Duport Road Community, Paynesville City.
Williams was charged with murder as the main suspect, while Alice and Edwina Youti were charged with the crime of hindering law enforcement and all were forwarded to court for prosecution. The other four suspects, Ernest Kemu, Joanna Bracewell, Massah Kennedy and Caesar Kennedy are now serving as government witnesses.