Monrovia – Early Wednesday morning, Morias Waylee and wife went to the Monrovia City Court with the hope that the motion to dismiss will be heard by the court.

Report by Bettie K. Johnson Mbayo, bettie.mbayo@frontpagafricaonline.com

But there was no court session on grounds that the National Trial Judges were in a training that led to the suspension of every court proceeding for the day.

The Liberia National Police arrested the lawmaker and charged him and his wife Welleh Waylee with multiple crimes that included criminal conspiracy in violation of chapter 10.4. However, due to insufficient information, the LNP could not charge him with rape.

The lawmaker was also charged with ‘tampering with witness,’ which is a violation of Chapter 12 sub-chapter C 12.40 and Chapter 12 sub-chapter C section 12.411, according to the Revised Penal Code of the Republic of Liberia.

Former Police Inspector General Gregory Coleman said at the time that the suspect, who was not charged with rape, was not overlooked because the investigation was still ongoing, and there is a need to establish all the facts to make sure the act was committed before coming up with such a charge.

Waylee was reported to have impregnated his 12-year-old niece (name withheld) who was reportedly staying with him but was later moved to an unknown location after the alleged rape was reported, with the intent to destroy evidence.

The incident allegedly took place in May of last year. The girl’s father was also reported to be the driver of him (Waylee).

Wednesday’s appearance was the couples’ sixth appearance at the Monrovia City Court for prosecution after they were arrested by the Liberia National Police on Thursday, July 12, 2017.

The first time the defendants were at the court was on Saturday, July 14, where they were arraigned and later freed on bail after they filed a criminal appearance bond.

On Monday, July 16, 2017 the couple made another court appearance, but Magistrate Kennedy Peabody could not proceed with the trial due to the absence of Police boss Gregory Coleman, Chief Prosecutor and Solicitor General Cllr. Betty Lamin Blamo.

A source who asked not to be named said the legal counsel Cllr. Albert Sim of Sherman and Sherman filed a motion to dismiss the criminal charges against the couple.

When this newspaper reporter contacted the clerk of the City Court, Mr. Francis Weah, he said the case filed is with Magistrate Kennedy Peabody.

However, our source said the file on the case was with him but he refused to display it to our reporter.

Waylee was arrested by officers of the Liberian National Police (LNP) on Thursday, July 12, 2017, months after this newspaper reported what had happened. However, the lawmaker has denied the claims.

Mr. Waylee told FrontPageAfrica that the allegation was a make-up from his political opponents and that he does not know this girl, questioning – “Do I look like someone who will rape a 13-year-old girl?”

He and wife are currently on bail after their bond was filed by an insurance company when they were arrested and brought before the court.

In early August Magistrate Peabody held authorities of the Liberia National Police (LNP) in contempt for “refusing to follow-up” on the rape case.

He disclosed that the trial has been abandoned by the prosecution. “I don’t know what is happening with the case because the government charged Rep. Waylee and his wife, but the prosecution is yet to ask for any assignment to continue with the matter,” Peabody said.

“You cannot blame the court for not doing much to proceed with the matter; it is the accusers that should come to court to make assignment if they are not doing so.

Because we were interested to have a speedy trial of this matter, we were even compelled to fine authorities of the LNP for their unwillingness to prosecute Rep. Waylee, but they have refused to do anything to have the case resumed.” Magistrate Peabody said.

To obtain a conviction for sexual assault, the prosecutor must prove all of the elements of the statute beyond all reasonable doubts. In other words, if the government fails to prove even one element of the crime, the defendant will be acquitted,” a legal expert explained.

It is the opinion of legal experts that the prosecution’s lack of drive in the case is simply because the case against the lawmaker has not been established beyond a reasonable doubt, which means the LNP has not been able to accumulate substantive evidence to prosecute the lawmaker.

“The LNP’s statement that there is a need to establish all the facts to make sure the act was committed,” said a legal expert, “is an admission that police investigators don’t have facts to prosecute the case.”

Cllr. Amara Sheriff said the charges shall be dropped provided the alleged victim is produced before the hearing tribunal.

“Private prosecutrix failed to appear to provide needed evidence relating to and arising from the alleged act of kidnapping, it is the law in this jurisdiction that assuming they reconcile the suspect and victim doesn’t stop prosecution because the crime is committed against the Republic of Liberia and the eyes of the law it is the sovereign that is affected,” he said.

Cllr. Sheriff continued: “In the absence of the victim, the state can proceed, because the matter was handled or investigated by the first criminal agency.

“The police could provide evidence in the absence of the victim.”

When asked if the couple’s charges can be dismissed on a motion to dismiss, Cllr. Sheriff said, “Under the criminal procedural law, if a defendant is not tried at the end of the next succeeding term, the matter is subjected to dismissal upon appropriate application.”

It can be recalled Senator Nyonblee Karngar-Lawrence (Liberty Party, Grand Bassa County) promised to ensure that the law is exhausted on the case.

In a statement, Senator Karngar-Lawrence said, her office was quiet on the matter when it was first reported because there was not much fact to prove the allegation.

However, with new developments and outcome of investigation conducted by the Liberian Police, her office will get involved in ensuring that justice is properly administered.

“My office will ensure to exercise its oversight authority in following the situation until the law is exhausted in this regard.”

“Rape is a crime sounds like a cliché, but I tell you, rape destroys the dreams, aspirations, determination, and perspective of life and the general sanity of the victim. No one should experience such feeling of vulnerability,” the statement noted.

Sen. Karngar-Lawrence averred: “It is now time that we get to find new ways in implementing our various laws against the act so that we get to extremely discourage those with such intent.

“I will seek to consult with experts in this view in finding out what more we could do to absolutely make our girls and women free and safe of rape and other sex related violence against them.” 

“I henceforth restate my willingness to fight alongside our girls and women who are targeted by deviant men and women in our society.” 

A prosecutor said the county’s refusal to collaborate with them is impeding the trial and such they may or may not continue the case.

Since the case was reported eight months ago, none of the lawmakers or county leaders has spoken concerning the case. They have rather chose to remain mute till today.

The 13-year-old girl could be either seriously ill, malnourished or on the verge of death after she was allegedly thrown out of the house by his wife, when she became pregnant, according to Police investigation.

The fate of the infant she painfully brought into this world leading to a battle with fistula is unknown. Yet, an entire community, an entire county remains silent even as authorities finally zero in on bringing statutory rape charges against the former lawmaker.

The authorities can only charge him with bailable crimes because the victim at the center of the tragedy is nowhere to be found.

Waylee has been successful in perhaps convincing the family to keep quiet.

The little girl was reportedly taken to the Sande bush while the driver of the lawmaker, who is said to be in the know of what actually happened, is also in hiding, or according to Waylee, somewhere in the sick bush.

Monrovia – Legislative colleagues of Rep. Morais Waylee said they cannot intervene in the rape case against Waylee because there’s no evidence that he raped a 13-year-old who later had a baby.

Report by Bettie K. Johnson Mbayo, bettie.mbayo@frontoageafricaonline.com

Rep. George Mulbah (NPP, Bong County District 3) said if Rep. Waylee committed a crime, he should face the full weight of the law.

Rep. Mulbah was one of several lawmakers who were present at the Police headquarters negotiating the release of Rep. Waylee when he was apprehended by the Police.

The House of Representative doesn’t go in the streets to raise a case,’’ Mulbah said.

“The fact that we haven’t established evidence, we can’t remove him from his position as lawmaker.”

Grand Gedeh District #2 Morias Waylee was arrested by officers of the Liberian National Police (LNP) on Thursday, July 12, 2017 months after the FrontPageAfrica reported that he has raped his 13-year-old niece who prior to the time of the incident lived with him at his Careysburg residence, but the lawmaker has denied the claim.

In a press briefing following the lawmaker’s arrest Police Inspector General Gregory Coleman stated that though their investigation has not been able to establish that the lawmaker committed the act of rape, they were able to establish that the girl lived with the lawmaker, contrary to his denial that he never met her before.

The Police have also not been able to find the whereabouts of the minor and the baby.

“Today, we have arrested lawmaker Waylee over report that he raped a 13-year-old girl, but the girl is missing but he and his wife have denied that the girl ever lived with them but with species of evidence for now in the Police possession we are charging him with conspiracy and tempering with witnesses and investigation,” said Col. Coleman.

Prior to the announcement by IG an array of lawmakers went at the Police headquarter to release Waylee but were denied by Coleman.

Coleman disclosed that he was threatened by some of the lawmakers especially Rep. Mulbah who told him that a special session will be convened to file a ‘vote of no confidence’ in him.

An allegation which Mulbah denied saying “he was not interfering in Police matters simply because he stood by his colleague.”

The Police, he said, have not officially notified the House about the issue specifically since the closing of the criminal investigation and charges placed on Waylee.

‘We cannot act on hearsay and they say, and remove (Waylee),’’ he said.

“We can do it in line with the law. The court needs to write us, I will never support rape.”

“If the parents bring the case forward then it’s different. Kidnapping is a criminal offense. All the state has to do is write us and we will take an action against him,” Rep. Mulbah said.’

A state lawyer who asked for anonymity said the lawmakers didn’t need special communication from the Police to take a stand on the case.

“The rape allegation against Waylee and his subsequent arrest was public knowledge, so the Police had no reason to notify House members, after the investigation, he was arrested there is public knowledge, you called it historical facts, and the Police is not under duty to inform them that a member has been charged.”

Rep. Worlea- Saywhar Dunah of Nimba County District 7 accompanied lawmakers to Police with the hope of releasing Waylee to family members.

Dunah is the chair of Judiciary committee, where Waylee is a member and also the chair of human and civil rights.

Dunah accused the media of pushing the Police investigation that resulted in Waylee’s arrest.

The Police, he said, ‘violated the rights of a sitting lawmaker.’’ The case, he said, is inconclusive because Police do not have the facts.

“They don’t have evidence, the media has launched an investigative story against the lawmaker, and the LNP started an investigation for 3 months, and some of his humility was flaunted. Now they are at court.”

“If you have investigated for 3 months and no rape charge applied it is elementary, and since they haven’t found evidence why was the major conference. The criminal investigation is based on forensic evidence and not media headlines,” Dunah said.

He continued: “For me as a legal practitioner, the reason why they haven’t appear in the court and the reason the charge hasn’t been levied is because they have no evidence.”

Rep. Dunah said the House cannot sanction Waylee because Waylee is not indicted nor convicted “Why will the house sanction him for, we are talking about the criminal justice system and the house of legislature. If the media people don’t know that the Legislature is an organ of the law, when Hon. Waylee is indicted or convicted his humility are seized, We can’t passed judgment till the judiciary or the ministry decides.”

He said If Waylee is indicted, “you are talking about an investigation report based on media and we can’t act upon that.”

“The issue here is Mr. Waylee has been taken to court for 3 misdemeanors and kidnapping and we await the judgment from the court, we can’t act on a media report. We are not an alternative judiciary judgment if the media can run the judgment but we proceed on the basis of law.”

Rep. Dunah said the judiciary hasn’t cited the Ministry of Gender because the house has been on recess – “The house is on recess and now we still on recess and the possibility of the judiciary committee calling her over is high, the calling her over will be decided by the body. The house leadership will take care of the matter.”

He said the house is worry about the action of the Police on the session day, “the charges announced by the Police is a concern to us constitution announced the day a lawmaker should be arrested.

Dunah said “The house of representative is a rule making body, for law and order to be preserve it take the responsibility of the executive to enforce those rules, if the Police are in search of someone based on media reports, it left with the Police to work with the media house to find the person.”

He continued: “The house has not in any way interfered with Police function for the last 12 years, so ask the Police how well they have find the missing person.”

“They say the case is immolating from the media and certain facts there the case is not being file by the victim family.”

Meanwhile the Liberia National Police has paid fifty Unites States dollars in the account of the judiciary following a contempt charge by the Monrovia Magisterial court.

The contempt charge followed after magistrate Kennedy Peabody cited the Police boss to appear at the magisterial court on Wednesday, July 19, 2017 at the hour of 9:00 A.M. to show caused why he should not be held in contempt by the court.

Waylee and wife Welleh Waylee were both released on an insurance bond that doesn’t carry a monetary value.

The criminal appearance bond in the possession of FPA shows that the both defendants are insured by the insurance company of Africa represented by its assistant vice president & non –life manager, Septimus Massaquoi as surety.

“Surety, do hereby bid ourselves and our representatives assigns and successors-in-interests of business jointly and severally unto the Monrovia city court, Temple of Justice, that the defendants will appear before the court to which said cause may be removed, to answer the charges of kidnapping, criminal conspiracy, tampering with witness, and tampering with criminal investigation as per the writ of arrest issued by the clerk of court.’ The criminal appearance bond said.

The criminal appearance bond will remain on Rep. Waylee and wife until the court discharged or convict the two defendants

Monrovia – Child rights advocate Abraham Keita charged with criminal coercion charge became a free man Thursday after the Monrovia City Court at the Temple of Justice dismisses the charge filed against him.

Report by Kennedy L. Yangian klyangian@frontpageafricaonline.com

This is the second time for the Monrovia City Court to drop charges against Keita, the first time was Tuesday, May 30, 2017 when the court moved to drop a contempt charge against him.

The court has decided to hold Keita in contempt after it was alleged that he has refused to honor its invitation to appear for a conference after a writ of criminal coercion was filed against him.

Magistrate Kennedy reversed his earlier decision and pause the contempt charge against Keita after his lawyer, Cllr. Tiawan Gongloe has appealed to the court to pardon his client because he has acted due to his lack of knowledge of the law.

Thursday, June 8, 2017, decision of the court was made after the prosecution lawyers say that due to insufficient evidence they cannot afford to proceed with the case against Keita.

“This is to certify that a careful perusal of the court’s file records in the above case criminal coercion reveals that the said case was nolle prosequoi (drop) by the prosecution and dismissed by the court in favor of the defendant for insufficiency of evidence discharging him from future answering to the charge herein without day and date” reads the clerk certificate from the Monrovia City Court signed by Francis Weah.

Child rights advocate Keita was sued and charged by the Monrovia City Court on May 23, 2017, with criminal coercion following a formal complaint filed against him by Grand Gedeh lawmaker Morias Waylee .

Lawmaker Waylee’s complain to the court on May 23, 2017 has come about after Keita has staged a protest at the Capitol Building asking Waylee’s colleagues to have him investigated on allegation that he had raped and impregnated a 13-yr old girl, the claim Waylee has denied and challenged his accusers to prove their  allegation against him.

The court had dropped the charge against Keita on Thursday morning an hour to the start of the case against him which was scheduled by the court at 9:00 am on Thursday, June 8.

 A minute after the charge was dropped Keita told Frontpageafrica that he knew that the charge against him was going to be dropped because there was no basis for the lawmaker to sue.

He stated though, the charge levied against him brought his character into public disrepute because a lot of people confronted him on the matter but has no intention to sue the lawmaker so that people should not have the belief that this rape case is centered around him.

“For, me I don’t see the dropping of the charge as a surprise because I acted in the confine of the law as the out-come of the case is a defeat for the lawmaker because there was no need for him to come to court,” said Keita.

On the issue of pronouncement by the Gender Ministry and that of the Liberia National Police that no complaint has come forward with a compliant to them to set the basis for investigation, Keita said the idea was wrong and the heads of these two institutions need to be taken out for their utterances wondering whether anyone ever came to them to investigate the case of the late Angel Togba.   

Cllr. Jonathan Massaquoi the lead lawyer for Keita also in an interview with his paper indicated that there was no need for the court to proceed with the case because there was no sufficient evidence and the wrong charge was levied by the compliant.

“There was no evidence for the prosecution to proceed with the case and when this happened the defendants carry the day and this is what happened in this case” said Cllr. Massaquoi who also claimed that the lawmaker levied the wrong charge instead of pressing for damage he pressed for criminal coercion.

However, efforts to get lawmaker Waylee to comment on the case proved futile as he could be found anywhere around the court but a source closed to the court stated that the lawmaker met the prosecutors earlier in the morning and reached the decision and went away.