By Boima J.V.Boima
Photo on Flickr by Steffe

Four alleged armed robbers: Abenigo Freeman, Bill Grear, Friday Smith and Samuel aka Kill the Bitch, who spent months behind the bars of Liberia ’s famous Prison Center, “South Beach,” bid farewell to the facility last Thursday, September, 24, 2009, thus leaving tears in the eyes of the prosecutors.

The four alleged armed robbers were detained following police investigations, which linked them and Cynthia David to the case. Cynthia was the main agent that, according to the indictment, opened the door of her Guardian’s house, thus letting the alleged armed rubbers to steal thousands of dollars worth of property on the night of June, 9th, 2009.

Cynthia, 16, was acquitted during the proceedings of the trial by the government in exchange for her testimony against the defendants. She was the only insider witness, which should have enabled them to win the case against the defendants.

But unexpectedly last Thursday, September 24,2009 the four alleged armed robbers were acquitted, receiving a thunderous applause from their relatives and observers who followed the week-long proceedings of the trial at criminal court D presided over by Judge H.Boimah Kontoe. The jurors unanimously decided in favor of the four alleged criminals.

The lead government lawyer, A. Tamba Gborie, had earlier expressed his dissatisfaction in the composition of the jurors. The jurors called for the immediate release of the four alleged armed robbers.

During the final squabble, the lead government lawyer in an hour long argument, urged the jurors and court to bring down a guilty verdict against the four defendants adding that it will bring justice to their victims: Madam Marie Shafie, Dr. Shafi and their children who lost their property as a result of the June 9th, 2009, armed robbery and attack they suffered at their Sinkor residence.

“We have proven our case against the defendants beyond all reasonable doubts. When the indictment was brought here in court it reads that the defendants in the dock committed the crime armed robbery. When we produced our evidence, they did testify that the defendants indeed committed the act on the night of June 9,2009. So bring them down guilty,” the soft spoken prosecutor urged the jurors. The prosecutor also reminded the jurors that the defendants testimony failed to debunk the allegations that were levied on them by the indictment and witnesses who came to testify for the government.

“The law says if there is no evidence, take the case out of court. But we brought our evidence and witnesses who proved our case against these men. When Cynthia David testified that they were the identical people that robbed the house of the Shafi Family, they [the defendants] came and failed to debunk that portion of Cynthia’s statement. The criminal procedure law of Liberia states that failure on one to prove/debunk a case levied against him/her, should lead to his/her guilt. Therefore convict them,” Atty. Gborie staunchly advised the jurors.

Attorney Gborie also told the jurors that the defendants had earlier admitted to the commission that they committed the crime of armed robbery, while testifying in the case and disclosed that the only way of according justice to the victims would be by convicting the defendants for the crime.

On his part, the lead defense counsel S.L.Lofens Keneah Jr., who ceased the podium from his counterpart and condemned his assertions, told the jurors that the prosecution failed to prove their case and that the case is a demonstration of the many rumors that the government puts on innocent citizens in the country.

“The government programmed Cynthia to lie on these four innocent citizens. But you people, the jurors, are the decision makers in this particular case therefore look keenly into the various testimonies and bring down a non-guilty verdict in favor of the four defendants who are unlawfully languishing behind the bars of Monrovia central prison- South Beach,” Atty. Kenaeh said.

After their long legal battles, the court charged the jurors and left them to go into their room of deliberation thus bringing a non-guilty verdict in favor of the jurors. Following this verdict, the lead defense lawyers thanked the jurors while the prosecution accepted the verdict and accused the jurors of bribery.

This is not the first time that government lawyers have accused jurors of bribery after losing cases. Earlier this year, in the wake of two defeats in two major cases involving the former Liberian president, Charles Gyude Bryant, and a murder case involving Margibi’s Junior Senator Roland Kaine, the then-Justice Minister Philips Banks and Solicitor General Tiawon Gongloe accused the jurors of receiving bribes from the defendants’ relatives to compromise these cases.

Weeks later, the anti-corruption chairperson, Frances Johnson, launched a media campaign condemning the jury system. These accusations are the latest that have been levied against the country’s jury system, thus paving the way for massive debates about the weakness of the judiciary system in the country.

The verdict was welcomed by condemnation from the government prosecutor, who declined to comment to the press, and the victim’s relatives and friends ran out of the Temple of Justice. The four alleged armed robbers were seen celebrating.

“Is this what the government calls justice? Liberia is indeed polluted and if such a trend continues….development will rarely come home….God will judge our case,” Madam Marie Shafi, one of the victims told journalists shortly after the verdict.