MONROVIA – The standard bearer of the opposition Alternative National Congress, Alexander Cummings, has said the fundamental principle of law of Liberia is being misapplied after Judge Roosevelt Z. Willie last week upheld the ruling of the Magistrate of the Monrovia City Court.
The Criminal Court ‘A’ Judge compelled Cummings and co-defendants to produce a subpoenaed document listed by the prosecution as the primary evidence they intend to use in proving their charges against us.
Cummings said “it sounds strange” after the Judge asked he and his co-defendants to “strangely and forcibly” produce evidence against themselves, particularly in a trial of this nature.
He said despite the preponderance of legal citations, precedents and authorities provided to substantiate this right, including the clear and straightforward language of the 1986 Constitution of the Republic of Liberia, he and his co-defendants were surprised and disappointed by the incorrect and prejudicial ruling of the judge.
“We are aware of our rights to seek a review of the ruling, including for the benefit of posterity. However, we are also mindful of the nature of our judicial system, and especially the ploy of the prosecution to seek refuge in procedural and other delays so as to conceal their obvious inability to prove the crime politically charged against us,” he said.
Given all of the considerations, Cummings said, they are reviewing all of the options, promising to make a decision shortly on the way forward.
“As always, we will continue to be transparent and provide the truth in this matter based on the facts,” he added.
“We are undeterred and remain determined to change the system and bring real change to our country for the benefit of all Liberians.”
Yesterday, His Honor Judge Roosevelt Z. Willie upheld the ruling of the Magistrate of the Monrovia City Court compelling me, and my other falsely accused co-defendants, to produce a subpoenaed document listed by the prosecution as the primary evidence they intend to use in proving their charges against us. The Judge appeared to rely on the unverified and unsubstantiated claim of the prosecution that the subpoenaed document exists, and somehow came into my possession. The Judge claimed incorrectly that the existence of the subpoenaed document “has not been contested”.
Our appeal, which is public record, was not only based on the legal right of all defendants at trial not to be compelled to furnish evidence against themselves, but also stated repeatedly, truthfully and consistently that the subpoenaed document does not exist, and has never ever existed. As such, what never existed cannot ever come into our possession.