Govt Under No Legal Obligation To Unveil An Indictment Against Costa -Information Ministry Hits Back At D. 15 Radio

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The Government of Liberia says Pursuant to the provision of the Criminal Procedure Law, it is under no legal obligation whatsoever to unveil an indictment drawn against a Liberian citizen until the person named in the indictment is arrested.

A release from the Ministry of Information indicated that government has read with deep concern a newspaper publication attributed to the Management of Radio Bushrod (D-15 Radio), giving the Government a 48-hour ultimatum to publish an indictment drawn against Mr. Henry Pedro Costa or it will go ahead to grant him air time on their platform.

The Government further said it seriously considers such ultimatum as a form of threat, and calls on the Management of D-15 FM Station to reconsider the gravity of such statement which has the potential to undermine the rule of law and create unnecessary tension.

“The government wishes to state that under the Criminal Procedure Law, specifically Title 2, Liberian Codes of Law revised, Chapter 15, section 15.14(2) titled: “Secrecy of proceedings” states:  “Disclosure concerning indictment before arrest– Except to the extent necessary for the issuance and execution of a warrant of arrest or summons, no person shall disclose the finding of an indictment until the person charged therein is in custody or has given bail. A violation of this provision shall be punishable as contempt of court,” the MICAT release said.

According to the release Mr. Henry Costa moreover was undergoing investigation for laissez passer fraud at the Liberia Immigration Service (LIS) under the custody of the law when his counsel, Findley Karnga signed for, and obtained Costa’s living body, with the firm assurance of producing him whenever he was needed, but has not been seen since then.

The Government of Liberia therefore calls on Cllr. Karnga to make good his promise to unconditionally turn over Mr. Henry Costa to the Liberian Immigration Service.

That said, the Government of Liberia reminds all media institutions that while it will do nothing to stifle free speech, it will not however submit to any form of blackmail under the pretext of exercising freedom of expression.  The D-15 Management ought to therefore carefully reconsider its ultimatum, the release added.

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