In the ongoing preliminary trial of the arson attack on the Capitol Building, lawyers representing defendants Thomas Etheridge and Eric Susay say state lawyers have failed to point out the degree of the fire that led to the burning of the building.
In a final argument of the preliminary examination trial on Thursday, February 6, 2025, at the Monrovia City Court at the Temple of Justice, one of the lawyers representing the defendants, Cllr. Jonathan Massaquoi, said prosecution’s lead evidence against his clients is an AI generated recording.
Defendants Etheridge and Susay are currently incarcerated at the Monrovia Central Prison (South Beach) for an alleged arson attack on the Capitol Building.
The defendants were charged for multiple crimes ranging from Criminal Attempt to Commit Murder, Criminal Mischief, Criminal Facilitation, Conspiracy, Solicitation, among others. Cllr. Massaquoi says that there is no foreign fire expert report to establish what caused the fire before linking his clients to the commission of the crime.
He recalled that on July 26, 2006, when the Executive Mansion was gutted by fire during the administration of the former President Ellen Johnson Sirleaf, fire experts were brought in from South Africa who determined the cause of the fire. But in the alleged arson attack on the Capitol, nothing of such was done.
According to Cllr. Massaquoi, prosecuting attorneys failed to establish the degree of the fire whether it was first, second or third degrees.
Massaquoi adds: “On those recordings, one of the persons said, ‘we dirty the police officer’, but prosecution failed to bring the police officer or any of his relatives, or the gun used in the alleged commission of the crime.”
He cited Article 21(h) of the Liberian Constitution which states: “No person shall be held to answer for a capital or infamous crime except in cases of impeachment, cases arising in the Armed Forces and petty offenses, unless upon indictment by Grand Jury; and in all such cases, the accused shall have the right to a speedy, public and impartial trial by a jury of the vicinity, unless such person shall, with appropriate understanding, expressly waive the right to a jury trial. In all criminal cases, the accused shall have the right to be represented by counsel of his choice, to confront witnesses against him and to have compulsory process for obtaining witnesses in his favor.”
The law also states that “He shall not be compelled to furnish evidence against himself and he shall be presumed innocent until the contrary is proved beyond a reasonable doubt. No person shall be subject to double jeopardy.”
Massaquoi cited Civil Procedure Law Section 25.1-2. 25 which talks about Jurisdiction of a Regional Court which states that a regional court shall examine the following matters within the jurisdiction of a court: matters in which there is a dispute regarding property rights in regard to immovable property.”
The defense lawyer said prosecution is not intended to convict but rather serve justice fairly, orderly and transparently. He argues that the Liberia Petroleum and Refinery Company who was part of the fire investigations was never brought to court to testify.
“There was no forensic analysis report as to whose fingerprint was on the chloride bottle to determine which one of the defendants is linked to it. This is not prima faci evidence and there is no probable cause in this matter to send the defendants to trial, Cllr. Massaquoi told the trail.
Second defense lawyer Cllr. Wilkins Wright questioned the court during the closing of the arguments as to which role each of the defendants played during the commission of the crime? Wright says the prosecution failed to bring a fire report, gun and chloride bottle allegedly used during the commission of the crime.
But state lawyers, headed by Montserrado County Attorney Cllr. Richard Scott Jr., cited Chapter 12.2 of the Criminal Procedure Law Section 12.2: Preliminary examination given on request only.
Cllr Scott says, “A preliminary examination shall be given to a defendant after his first appearance before the magistrate or justice of the peace only if he requests it. If he makes no such request, the magistrate or justice of the peace, after complying with the provision of Section 12.1 of the title, shall hold him to answer.”
Cllr. Scott tells the court that arson was committed on the Capitol Building on December 18, 2024 with the evidence in their possession. He adds that the court should hold the defendants responsible for the commission of the crime and send them to the higher court to answer to their charges.
The Montserrado County Attorney reveals that evidence was presented to court where defendant Eric Susay was heard saying, “we dirty the police officer and left him lying on the ground in Jallah Tows.”
Additionally, they were heard reporting to each other that they dealt with the police officer. During the entire preliminary trial, the state produced three witnesses who were cross-examined by defense lawyers.
Meanwhile, Monrovia City Court Magistrate Ben Barco, after carefully hearing arguments from both sides of the case, reserved ruling in the matter for Wednesday, February 12, 2025.
By T.Q. Lula Jaurey
