Judge Serena F. Garlawolu of Criminal Court “E” at the Temple of Justice reserved ruling pending notice of assignment during a hearing in a motion to rescind bond of George Wade alias Nicolas Jack Davis based on his release from the Monrovia Central Prison (South Beach) on bail bond. The Judge after listening carefully to the both parties’ arguments and the law citations, she then reserved ruling.
During arguments, Cllr. Sanny Carlor cited the Rape Law of Liberia, 14.70 (a) (I), the Liberian Constitution of Article 21 (d) and (i) that talks about burden of prove, and section 25.5, 1LCLR, page 198 and the indictments. Cllr. Carlor claimed that the US$25,000 bail bond filed on behalf of his client (Nicolas Jack Davis) was sufficient enough for his release.
According to Carlor, the essence of filing a bond is whenever the court needs that person placed on bond must or should appear before the court; as such, he prayed the Judge not rescind the bond proffered by the defendant. He said rape is billable so the issue of bond not been sufficient is incorrect; praying the court not to discard the bond but should be honored so that his client can exonerate himself.
While, counter arguing, Cllr. Isaac L. George Jr., claimed that their request is due to the insufficiency of the bond as two of the indictments against the defendant have a maximum sentence of life imprisonment plus properties robbed valued at US$17,000.
Cllr. George maintained that the bond does not state which of the four (4) indictments the bond represents against the defendant. He said succinctly, Gang Rape is a felony of the first degree, and where the defendant threatened the victim with a deadly weapon at the time of the act or before, “Rape”, is a first degree felony and not billable.
“2005 Amended New Rape Law Chapter 4. Grading and Sentencing (a) Rape is a felony of the first degree where (ii) The offense involves gang rape as define in the sub-paragraph 2 above; or [iii] The act of rape complaint of results in either permanent disability or serious bodily injury to the victim; or (iv) At the time of the relevant act or immediately before it began the defendant threatened the victim with a firearm or other deadly weapon,” said prosecuting attorneys.
On August 19, 2024, Judge Garlawulo granted a criminal bail bond to release George Wade alias Nicholas jack Davies on the crimes of Rape and Theft of Property. Her action is based on the crime which is a second degree (General rape) felony that a bail bond can be granted in for the release of a defendant, unless statutory rape that involves minors. Defendant Wade, alias Jack Davis who is known as a notorious criminal, bond was filed by his lawyers in the tune of USD$25 issued by Sky Insurance Company.
The Criminal Procedure Law of Chapter 13.2 talks about right to bail and provides that; “any person charge with the commission of an offense not capital shall be entitled as a right to be admitted to bail, whether before conviction or pending appeal, and any person charge with commission of a capital offense who has been convicted of a lesser shall be entitled as a right to be admitted to bail pending an appeal.”
Also, Chapter 13.3 states that “a person allowed by ordered of the court to be released on bail shall execute a bond for his appearance; such bond shall be secured by one of the means provided by Section 63.1 of the Civil Procedure Law for security of bonds given under that title and any sureties on the bond shall be qualified as require by Section 63.2 of the Civil Procedure Law.
It further states that; “any cash or personal property received by the court as security for the bond shall be deposited in the government depository or a reliable bank and a receipt shall be issue showing the purpose and amount of the deposit, and stating that the deposit will be release only upon the written ordered of the judge or magistrate or justice of the peace authorized to received bail.” The Grand Jury of Montserrado County for the August Term indicted Defendant Wade and charged him with the crime of Rape a felony of the first degree.
The indictment described Defendant George Wade alias Nicloes Jack Davis as a sex predator and vampire, with an evil intent and criminal mind to commit crimes, purposely persuaded and lured victim with to the premises of Royal Grand Hotel, Room 320 under the pretext that they were going for a meeting with the President of the Republic Liberia.
Rape is defined as having sexual intercourse with another person male or female to intentionally penetrates the vagina, anus, mouth or any other opening of another (male or female) with his penis or object without the person’s consent.
Our judicial reporter said the defendant was release on surety of Pinky Abu who was once convicted for 25 years by Judge Roosevelt Z. Willie of Criminal Court “A” for the crime of Murder and served a jail term of five years but her matter was later taken to the Supreme Court on an appeal where the court reduced the charge to Manslaughter and was later released on ground that she has served her five years jail sentence. Meanwhile, the prosecution lawyers in their six count motion prayed the court to rescind the bond and the approval of the bond from Sky International Insurance Company.
