MONROVIA – In the wake of some stalwarts of the opposition Liberty Party having sued Chairman Musa Hassan Bility and Secretary General Martin S. Kollah for the crimes of forgery, criminal conspiracy and criminal facilitation at the Monrovia City Court, for which Judge Jomah S. Jallah issued a writ of arrest, the defense lawyer in the said lawsuit, Cllr. Arthur Johnson, has termed the lawsuit as a mere bluff, delay tactic and a “carton” employed by the prosecutor because they have no evidence against his clients.
Speaking in an interview with judicial reporters Thursday, Cllr. Arthur Johnson said he is requesting for a notice of assignment to hear the case so that the case can be assigned for them to know what the evidences are.
According to him, under the Liberian law, the criminal proceedings law, and not the civil proceeding law, the burden of proven rests on the party that is making the allegations, because they must speak the truth under the doctrine of reasonable doubt, especially as the party litigants are the private prosecutor assisting the government of Liberia.
“I am going to ask for the notice of assignment right now from the judge to know what the evidences are. I am a criminal lawyer and I read the writ. It is not a case but a carton and I don’t want to go deep but when we make the assignment for the next hearing, we will move straight to get the case out of the court. Cummings’ case is very different from the Bility case. We will be asking for their evidence to be presented to us. According to the Constitution of Liberia, no person shall be allowed or compelled to produce evidence against his or herself in a criminal case, so that cannot happen in our case,” Cllr. Johnson stated.
Cllr. Johnson’s assertions comes against the background of the Magistrate of the Monrovia City Court, Jomah S. Jallah, having issued a writ of arrest against Liberty Party Chairman Musa Hassan Biility and Secretary General Martin S. Kollah for crimes of forgery, criminal conspiracy and criminal facilitation filed by some partisans of the Liberty Party.
The writ order from Magistrate Jallah to Magistrate Police Captain Larry Gormory or and his deputy was based on a lawsuit filed by plaintiffs Romeo Coker, Jeremy Russell and Napoleon Weah who alleged that Musa Bility committed forgery, criminal conspiracy and criminal facilitation.
The write of arrest instructed Magistrate Police Captain Larry Gormoryo and his deputy to “arrest the living bodies of Musa Hassan Bility and Martin S. Kollah, to be identified defendants and forthwith bring them before the Monrovia City Court to answer to the crimes of forgery, criminal conspiracy and criminal facilitation”.
According to the writ of arrest against Chairman Bility and Martin S. Kollah, plaintiff Romeo Coker and others alleged that during the period of January 2021,in Gbarnga, Bong County specifically, Musa Hassan Bility and Martin S. Kollah with the intent to deceive the membership and partisans of the Liberty Party as well as the public, convinced and conspired and purposely, criminally and intentionally did alter the constitution of the Liberty Party after its convention and submitted the said documents to National Elections Commission knowing fully well that they were not authorized to do so, neither were they the conveners of the said convention with wicked and criminal intent.
The writ concluded that the alleged act by Chairman Bility and S.G Kollah being unlawful, criminal and illegal and intentional is in violation of section 15.70 and 10.2.13 of the penal law of Liberia and the crimes herein the defendants did do and commit.
Meanwhile the case is scheduled for hearing next Tuesday, February 8, 2022.
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