Presiding Criminal Court “A” Judge Roosevelt Z. Willie has denied Montserrado County Rep. YekehKolubah’s motion to rescind the court’s decision which recently granted prosecutors’ request to nolleprosequi (drop charges against) other defendants who were jointly indicted along with the lawmaker for multiple crimes.
Judge Willie ruled Tuesday, 14 April that the prosecution has the legal right at any time to file a nolleprosequi for any of the two sets of defendants, if the State so desires.
Mr. Kolubah and some of his bodyguards and supporters were jointly indicted for allegedly beating one Emmanuel Freeman who had allegedly rejected a leaflet for a protest planned for June 7, 2019.
Mr. Kolubah has been on separate trial based on his request to enable him to attend legislative functions, among others.
In ruling on the motion to rescind, Judge Willie explains that defendant Kolubah and the other defendants are severance (on separate trial) based on the request of the lawmaker.
“On the other hand, the law in Section 18.3 of the Criminal Procedure law as quoted above is only applicable and becomes a pre-trial Motion for Prosecution if an only if Defendant YekehKolubah and the other Defendants were being tried jointly, and where the trial has begun and the Jury or the Court has begun to hear evidence, the Prosecution cannot file a Motion for nolleprosequi for the other Defendants,” Judge Willie says.
He adds that “This would have been a violation of Section 18.3 of the Criminal Procedure law but not where the Defendants are severance and facing separate and distinct trials.”By Winston W. Parley