By Garmah Lomo
Some prominent citizens of Maryland County stand accused for interfering in a gruesome murder case, specifically in Rock Town, where the general town chief and two of his men were butchered in September of 2019 with cutlasses and other deadly weapons.
The citizens say lawmakers and other prominent individuals of the country are allegedly interfering and preventing the prosecution of the case.
They also alleged that the accused prominent citizens stood as sureties for the defendants with the agreement that whenever the court needs them, they could provide them.
Judge Smith has also complained that some lawmakers have been calling and allegedly threatening him to abandon the case.
Some of the prominent citizens allegedly preventing the alleged murder defendants are Peter G. Saygbe, Nicholas Tarwah, Alfred Weah, Willie Gbawie and Isaac Folee.
For the failure of the above-named respondents to produce the living bodies of those defendants who gruesomely murdered their general town chief on accusations of being a witch, Judge George W. Smith of the 15th Judicial Circuit Court in Fish Town RiverGee County has reportedly held the sureties in contempt of court.
The alleged murderers, Chea Doe Karmanue, Cyrus T. Doe, John T. Weah, Toe Dargba Moses Chea, Sam Gbogue, Daniel Weah, Solomon Weah, (Jacob Doe,Vasco Weah, Toeson Hinneh, Prince Doe and Amos Gbawie all were charged with Murder, Criminal Conspiracy and Criminal Facilitation.
According to Judge Smith, the contempt proceedings grow out of a murder case in which the defendants were indicted on October 16, 2019 at the 4th Judicial Circuit Court, Maryland County.
Based on a change of venue, this case found its way at the 15th Judicial Circuit, River Gee County, in 2020.
Another change of venue motion was filed by the defendants based apparently on the alleged assistance and instigation of the then Solicitor General Saymah Syrenius Cephus, said motion was denied.
Unfortunately, thereafter, the case could not be tried as the Court found it difficult to get the cooperation of the prosecution.
One of the impediments was “no prosecution funds” to procure the attendance of material witnesses.
Under our Constitution, Article 21(d)(i) thereof, defendants in capital offenses like murder, are not entitled to bail.
Article 21(h) of the same Constitution provides that defendants indicted for capital offenses, like murder, are also entitled to speedy trial. In fulfillment of the constitutional requirement for speedy trial, Sections 18.1 and 18.2 of our Criminal Procedure Law mandate that criminal defendants be released if they are not indicted or tried after the expiration of two successive terms of court.
In the wisdom of the then assigned circuit judge Gee-plah Tiklo Konton, the defendants, therefore, were granted bail on December 22, 2021 on condition that they appear in court on February 14, 2022 during the February 2022 term of court, and with the further condition that the sureties shall “make said defendants available to the court” and that the sureties promised that “said court reserves the right to institute any action(s) against us [the sureties] to ensure compliance”.
Judge Smith added that from 2020 when this case was transferred to this court for speedy trial to December 22, 2022 when the defendants were released on bail, far more than two terms of court had elapsed without the defendants being tried – a violation of Article 21(h) of the Constitution and Sections 18.1 and 18.2 of the Criminal Procedure Law guaranteeing speedy trial.
In what some sources call violation of the terms and conditions of the bail bond and our statute, the bailed defendants jumped their bail and failed to appear in court on February 14, 2022 and up to now.
Section 12.6(1) Failure to appear after release; bail jumping, Penal Law, 4 LCLR. On March 1, 2024, this court was compelled to hold the sureties at the Fishtown Central Prison for contempt of court for failing to make the defendants available in court.
During their detention one Beatrice Bardioh, surety Samuel Bardioh’s daughter, went on the community radio of Radio Gee Station and complained, among other things, that her father, along with the other sureties, were being beaten and maltreated at the prison; that the sureties did not actually know the defendants personally but that they agreed to stand as sureties because they are all of the same Barrobo tribe.
that the sureties of Barrobo Rock Town, from where the defendants hail and to whose custody the defendants were actually delivered, promised to make the defendants available in court on February 14, 2022; and that the sureties were soliciting funds from their lawmakers and others under the pretext of defending the defendants in court at the detriment of her father and the other sureties Judge Smith narrated.
The 15th Judge Circuit judge said, the Court therefore cited Beatrice Bardioh for a conference to verify her accusations. During the conference she stated that all the allegations were true except the accusation that her father and the other sureties were being maltreated in detention.
The allegation of maltreatment, she said, was made to draw the government’s attention and sympathy. She then appealed for the release of her father and others with a promise to work with the Court in arresting the escapees/defendants.
Judge Smith further that Beatrice’s father, Samuel Bardioh, one of the sureties, along with bailiffs Elijah Slobber and Meh Toe went to Barrobo Rock Town to have the defendants arrested. Unfortunately, according to them, the defendants could not be arrested because there were phone calls to Rock Town alerting the respondents not to surrender the defendants.
Judge Smith explained that Few hours after getting this information, one Nelson Toe, kinsman of the defendants, called and questioned the judge’s authority to arrest the defendant, on the misinformation that the Chief Justice and the Supreme Court had since released the defendants in 2022; that I, Judge Smith, was from America who did not know the Liberian law and Constitution for which reason the Chief Justice assigned “you [Judge Smith] to Sinoe”; and that I Judge Smith was trying to get money from the defendants.
With the assistance of Beatrice Bardioh, along with an informant then in Monrovia, the police and Criminal Court “A” of Montserrado County, the principal murder defendant, Chea Doe Karmanue, was arrested in Monrovia along with Nelson Toe and committed to the Monrovia Central Prison Judge Smith continued.
Nelson Toe who had been preventing the arrest of the defendants was later released through the intervention of one Charles Weah, two lawmakers from Maryland County and both the County Attorney and the Public Defender on condition that Charles Weah would accompany Nelson Toe to this Court to stand contempt of Court proceedings.
Unfortunately, more than three months have elapsed without Charles Weah making Nelson Toe available to this Court. Instead, Charles Weah stopped further communication with the Court.
Later, our informant informed the court that Charles Weah is in fact the brother of co-defendant Solomon Weah, the codefendant who allegedly used cutlass to chopped General Town Chief Isaac Saylee, Isaac Jorkol Toe and David Nugbo, Jr., decedents, to death; and that Charles Weah was also involved in preventing the defendants from being arrested.
As of this ruling, Nelson Toe and Charles Weah are on-the-run evading arrest for contempt of court. Our informant, also a citizen of Barrobo, finally came to Fishtown, River Gee County, and met Judge Smith and the County Attorney.
He informed us that the sureties did not actually know the defendants personally; that the sureties stood for the defendants as sureties because they are all from the Barrobo tribe though from different clans; that it was respondents Peter G. Saygbe, Nicholas Tarwah, Alfred Weah and Willie Gbawie from Barrobo Rock Town who indeed sent two representatives, Kehjue Nagbe and Isaac Folee, to Fishtown, River Gee, to take custody of the defendants from the sureties in order to deliver them unto the custody of respondents; that it was these four respondents who indeed promised to make the defendants available to this court on February 14, 2022; and that it was the said four respondents preventing the arrest and appearance of the defendants in court.
Based upon this information, on August 19, 2024 the court issued a writ of arrest for Isaac Folee and Kehjue Nagbe, agents of the respondents. The writ was served on them.
Isaac Folee escaped, while Kehjue Nagbe willing appeared in the chambers of the court in the presence of the Judge, the County Attorney and Public Defender. Kehjue Nagbe admitted that both Isaac Folee and he were sent by the respondents to Fishtown, River Gee to take custody of the defendants from the sureties on condition that the said respondents would make the defendants available to the court on February 14, 2022.
Kehjue Nagbe was discharged with the thanks of court and he assured the court that he would encourage the respondents to appear in court in order to account for the defendants.
A writ of summons was issued for the appearance of respondents Peter Saygbe, Nicholas Tarwah, Alfred Weah and Willie Gbawie, along with Isaac Folee who had earlier escaped.
They all, except Isaac Folee, appeared in Court on Monday, September 9, 2024. Later, Isaac Folee was arrested and forthwith brought in Court.
From an investigation in these contempt proceedings, witnesses’ testimonies show that the respondents(sureties) are in fact the ones who actually know the defendants, all of whom from the same place; that the respondents have control over the defendants; that respondents took custody of the defendants and promised to make said defendants available to the Court which they failed and refused to do; and that the respondents took advantage of and used their kinsmen in River Gee, namely: Peter Weah, Melvin Weah, David Weah, Anthony Wakawee and Samuel Bardioh to appear in Court as sureties of the defendants.
In other words, the actual and real sureties, in the mind of this Court, are the respondents(sureties)while those who represented themselves in Court as sureties for the defendants were fronting for the respondents.
The testimonies show that respondents (sureties)sent two of their kinsmen, Isaac Folee and Keyjue Nagbe from Rock Town Barrobo to River Gee to receive the defendants from their fronters; that the respondents promised to make the defendants available to the Court on February 14, 2022; and that instead of producing the defendants, the respondents have resorted to preventing the arrest of the defendants, harboring and concealing the defendants in order to prevent their appearance and trial in Court Samuel Bardioh, one of the five people who appeared in the Court as surety/fronter.
spokesperson of the sureties/fronters, testified that the defendants were delivered unto the custody of the respondents through their agents, Isaac Folee and Kehjue Nagbe, with the promise that the respondents would make the defendants available to this Court; and that the respondents failed and refused to produce the defendants.
While Bailiff Meh Toe, who went along with Samuel Bardioh to arrest the defendants, also testified that the respondents refused and failed to surrender the defendants. Isaac Folee and Keyjue Nagbe who received the defendants on behalf of the respondents testified and admitted that they received and delivered defendants unto the custody of the respondents; and that they and the respondents know that the defendants were released on bail.
And when this Court inquired from the respondents through their spokesperson, co-respondent Nicholas Tarwah, as to the whereabouts of the defendants he replied: “We did not come with them. When the writ of arrest was issued on the defendants, instead of surrendering the defendants to the court, respondents Peter G. Saygba, Nicholas Terwah, Alfred Weah, Willie Gbawie of Barrobo Rock Town along with Nelson Toe and Charles Weah, residents of Monrovia, who also hailed from Rock Town Barrobo, have decided to prevent the arrest of the defendants in violation of the Penal law.
They are also harboring, concealing, hindering, interfering with, delaying, and preventing the prosecution of the defendants in violation of our statute. See: Sections 12. 2 (1) and 12. 4 (1) (a), Penal Law. Therefore, the conduct of the respondents is not only criminal but also contemptuous.
Under our statute, it is the respondents/sureties’ responsibility to arrest the defendants and underwrite the costs attached thereto. The law also mandates the court to arrest defendants who are at large on bail. See: Sections 13.8 and 13.9, Penal Law. 4 LCLR. Unfortunately, the sureties apparently did not fully have the resources to arrest and bring the defendants before this court.
It was this court, partly assisted by the County Attorney that substantially underwrote the costs for searching for and arresting two of the defendants in Pleebo, Maryland County, and Monrovia, respectively; the respondents from Barrobo, Maryland; and one of the respondents in Monrovia.
This Court now calls on the National Government, particularly the Liberia National Police (LNP) and the Joint Security, to assist in arresting defendants Solomon Weah, Amos Gbawie, Vasco Weah, Toeson Hinneh, Jacob Doe, Sam Gbogue, Moses Chea, Prince Doe and Daniel Weah who were indicted and facing trial allegedly for the gruesome “butchering, chopping, hacking the hands, necks and faces” of General Town Chief Isaac Saylee, Isaac Jorkol Toe and David Nugbo, Jr. to death with “cutlasses, hammers and sticks”; and Nelson Toe, kinsman of the defendants, and Charles Weah, a biological brother of co-defendant Solomon Weah and kinsman of the defendants, both residents of Monrovia, who are harboring and concealing the defendants and preventing them from being arrested in order to face trial.
Wherefore and in view of the forgoing, respondents Peter G. Saygba, Nicholas Tarwah, Willie Gbawie and Alfred Weah are hereby adjudged guilty of contempt of Court for preventing the arrest of the defendants; harboring and concealing the defendants; and hindering, interfering with, delaying and preventing the prosecution of the defendants.
Respondents Peter G. Saygbe, Nicholas Terwah, Alfred Weah, Willie Gbawie are hereby sentenced to the Fish Town Central Prison until they make the defendants available in court for trial.
While respondent Isaac Folee, a flight risk, is hereby adjudged guilty of contempt of court. In addition to cost of court, Isaac Folee is fined Two Hundred United States Dollard ($200 US) or its Liberian Dollard equivalent, and he is hereby remanded to the Fishtown Central Prison until he pays his fine and cost of court.
The Clerk is hereby ordered to issue commitments for the respondents to be committed to the Fish Town Central Prison Center until they satisfy the conditions herein given. AND IT IS HEREBY SO ORDERED.
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