By T.Q. Lula Jaurey
After the Justice in Chambers Yamie Quiqui Gbeisay declined to grant a Writ of Certiorari filed by the alleged arson attackers of the Capitol Building, the Magistrate of the Monrovia City Court L. Ben Barco on Tuesday, February 25, 2025, ruled against defendants in the preliminary hearing and transferred the case to Criminal Court “A” based on the degree of charges involved.
In Barco’s ruling, he raised the issue on whether or not government lawyers established a prima facie case, such that defendants can be held to further answer to the crimes as charged.
Magistrate Barco quoted Section 12.2 of the Criminal Procedure Law which provides that: “The accused shall be afforded a preliminary examination after his/her first appearance before the magistrate or justice of the peace.”
Magistrate Barco ruled that if the magistrate or justice of the peace determines that a prima facie case has been established against the accused, the magistrate or justice of the peace shall hold him/her to answer.
Magistrate Barco cited RL v Chakpadeh, 35 LLR 715 (1988), Syllabus 4, where the Supreme Court opined that a “Prima facie case is sufficient to establish the fact unless rebutted.”
He said prosecution needs to establish that a crime was committed and that it is likely that the accused might have committed the crime.
According to him, the standard in establishing a prima facie case is not proof beyond reasonable doubt but a determination as to the existence of a probable cause- that is, a reasonable ground to suspect that a person has committed the crime.
Magistrate Barco ruled that the allegation in the complaint is that Defendants Thomas Etheridge, Eric Susay and others criminally conspired and connived to purchase gasoline which they used to set ablaze the Capitol Building, thereby destroying properties in excess of US$8 million, according to prosecution’s first witness.
The Magistrate mentioned that the defendants are also accused of having criminally attacked a police officer to the effect that he was left unconscious and his firearm stolen.
“The accounts of all three of Prosecution witnesses are corroborative insofar as they relate to the narratives as to how the defendants and their co-conspirators gained access to the Capitol Building,” with the sole purpose of disrupting attendance of law makers having sessions in the Joint Chambers,” he said.
Magistrate Barco said in their attempt to establish the existence of a prima facie evidence, prosecution presented evidence which they collected from the crime scenes and electronic gadgets.
“Unless these species of evidence are properly rebutted, they stand tall as factual. It would, therefore, be in the interest of justice to allow the defendants to appear in a superior court to establish their innocence,” the ruling said.
Barco adjudged that it is the holding of the court that prosecution established a prima facie case, such that the defendants can be held to further answer to the crimes as charged.
Defendant Thomas Etheridge and Eric Susay are currently detained at the Monrovia Central Prison (South Beach) for an alleged arson attack on the Capitol Building, Criminal Attempt to Commit Murder, Criminal Mischief, Criminal Facilitation, Criminal Conspiracy and Criminal Solicitation, among others.
On Monday, February 17, 2025, the alleged arson attackers in the burning of the Capitol Building case through their lawyers took flight to the Chambers Justice of the Supreme Court Yamie Qui-qui Gbeisay, after Judge Roosevelt Z. Willie reaffirmed the ruling of the Monrovia City Court Magistrate Barco, in the Motion to Suppress Evidence and Return Property to the defendants.
The defendants ran to the Supreme Court with a Writ of Certiorari following the denial of their motion.
The Writ of Certiorari seeks the high court to review the decision made by Magistrate Barco which was also upheld by Judge Willie on February 6, 2025.
Magistrate Barco denied the defense lawyers’ motion on grounds that the pieces of evidence produced in court were done in the presence of the defense lawyers and they had sufficient time to have filed their motion; added that, he will not do for a part what it ought to do for itself.
However, the defense lawyers accepted the Judge’s ruling and took an appeal to the Circuit Court, Criminal Court A Roosevelt Z. Willie.
Based upon this, Judge Willie then denied the motion in summary proceedings based upon the time and manner in which the motion was filed especially when defense lawyers were present during the time prosecution was producing evidence at the Magisterial Court.
Judge Willie adjudged on two issues to include, the purpose of the preliminary examination and whether or not did the petitioner really suffer waiver and lashes, for which the Magistrate’s ruling should be affirmed or reversed?
The defense lawyers prayed the court to grant the said Motion and order government lawyers to return co-movants/co-defendants’ personal properties, and have all evidence suppressed and grant unto all further relief deemed proper, legal and equitable under the given circumstances.
Prosecution prayed the court to deny and dismiss the defense motion as contained in their counts. The defendants were charged with multiple crimes ranging from Arson, Criminal Mischief, Criminal Conspiracy, Arson Solicitation, and Criminal Attempt to Commit Murder.
After all, the Chambers Justice of the Supreme Court placed a stay order on the matter as he cited the both parties to a conference on February 18, 2025, in connection to the case.
