Published: August 29, 2025
MONROVIA — The long-awaited trial of former House Speaker J. Fonati Koffa and other co-defendants accused in the Capitol Building arson case was pushed to next week after Criminal Court ‘A’ granted a defense motion citing late delivery of prosecution evidence.
The courtroom at the Temple of Justice was packed Thursday with family members and curious onlookers as Koffa appeared alongside Representatives Abu B. Kamara, Dixon Seboe, and Jacob Dabee. Presiding Judge Roosevelt Z. Willie ruled to defer the case to Tuesday, September 2,2025, saying the defense had not been given adequate time to review evidence handed over by the prosecution just hours before trial.
Defense Motion on Late Evidence
Lead defense lawyer Cllr. M. Wilkins Wright argued that prosecutors turned over boxes of evidence at 7:30 p.m. on Wednesday, August 27, far past working hours, depriving the defense of the chance to review and prepare.
“It is the law in this jurisdiction that discovery must be made available to the defense not less than five days before the commencement of trial,” Cllr. Wright told the court.
He stressed that discovery allows the defense to weigh evidence, consider pre-trial motions including motions to dismiss, quash, or suppress evidence and advise defendants on appropriate pleas. Wright said his clients could not be expected to proceed when the material had not even been opened, much less analyzed.
The motion requested a continuance to “promote the ends of justice” and ensure the defendants’ constitutional right to fairness and equal protection under the law.
Prosecution’s Resistance
Montserrado County Attorney Cllr. Richard Scott, leading the prosecution, resisted the motion. He contended that no statute requires discovery to be served at least five days prior to trial and accused the defense of stalling.
“Receiving discovery at 7 p.m. yesterday is not a ground to ask for continuance,” Scott said, arguing that the defense had not identified specific prejudice and could still raise motions as the proceedings advanced.
Scott maintained the application was made in bad faith, emphasizing that discovery service does not dictate motions such as change of venue. He asked the court to proceed.
Judge’s Ruling
In his ruling, Judge Willie sided with the defense, stressing that the purpose of discovery is to allow the opposing party sufficient time to review evidence before trial.
“Prosecution should have given those documents five days before the case, and this court believes late Wednesday night wasn’t sufficient for the defense team,” the judge said.
He deferred proceedings until September 2 to give defense lawyers time to inspect and evaluate the evidence.
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