In the preliminary hearing of the Capitol Building arson case involving four lawmakers, Magistrate Ben Barco of the Monrovia City Court at the Temple of Justice has reserved his ruling for today, June 13, 2025.
This ruling will determine whether the state has established a prima facie case against the lawmakers. If so, the case will be transferred to the circuit court for trial, as the Magisterial Courts do not have jurisdiction over such criminal matters.
Meanwhile, credible sources indicate that the accused lawmakers plan to file a motion for discovery should Magistrate Barco rule against them. The lawmakers involved include former House Speaker Koffa and Representatives Abu Kamara, Jacob Debee, and Dixon Seboe.
According to the Criminal Procedure Law, Chapter 12, Section 12.3, regarding the Examination of the Evidence, if the defendant requests a preliminary examination, the magistrate or justice of the peace must hear the evidence within a reasonable time. The law also states that the defendant cannot be called upon to plead unless they have been provided with a copy of the complaint during their first appearance before the magistrate. In such a case, the magistrate must issue processes to summon witnesses for the Republic. All witnesses are to be examined in the defendant’s presence and may be cross-examined.
If the case is transferred to Criminal Court “A,” the judge will instruct the prosecution to provide evidence against the accused lawmakers. On June 12, 2025, the defense team, led by Cllr. Michael Wilkins Wright, filed a motion to suppress evidence against their clients, arguing that the evidence admitted into the case was insufficient to establish probable cause. The defense contended that evidence gathered from the phones of defendants Thomas Ethridge and Eric Susay, through a Writ of Search and Seizure, did not link Cllr. Koffa and his colleagues to the ongoing preliminary examination. Therefore, the defense argued that the defendants should be discharged from any further charges.
In response, the prosecution referenced the case of Walker vs. Morris 15 LLR, which states, “When evidence has been testified to, identified, and admitted, it must proceed to the trial of facts, which is for the jury to determine.”
The prosecuting attorneys claimed that the defendants’ failure to testify in court undermined their fundamental right to remain silent, which led to waivers of their rights.
Magistrate Barco subsequently denied the defense’s motion to suppress evidence, ruling that the evidence had been properly admitted. He stated that the evidence had met the admissibility requirements, having been testified to, identified, and confirmed, and there was no basis for the court to reverse this decision.
This ruling was consistent with a previous recognition by the Supreme Court during the preliminary examination hearing of defendants Thomas Ethridge and Eric Susay in late December 2024 and early January 2025. Magistrate Barco is scheduled to rule on the ongoing preliminary examination hearing in the Capitol Building arson case today, June 13, 2025.
Former House Speaker Koffa and Representatives Kamara, Debee, and Seboe are currently charged with multiple offenses, including Arson, Criminal Facilitation, Criminal Solicitation, Criminal Conspiracy, and Criminal Attempt to Commit Murder.
