Published: November 7, 2025
The high court reinstated the charges of assault and disorderly conduct agaist Kindness Wilson
Temple of Justice, Monrovia — The Monrovia City Court has reversed its earlier dismissal of criminal charges against Kindness Wilson, reinstating allegations of assault and disorderly conduct after prosecutors successfully petitioned the court to reopen the matter.
Stipendiary Magistrate L. Ben Barco granted the State’s Motion for Relief from Judgment, effectively rescinding the previous ruling and returning the case to the active trial docket. Barco said the dismissal was influenced by procedural lapses, emphasizing that “technical errors must never defeat the ends of justice.” He noted that Liberian criminal and civil procedure laws permit courts to revisit final judgments when errors, omissions, or newly surfaced issues are shown.
Prosecution’s Argument
Representing the State, Cllr. Moriah Korkpor argued that the dismissal was issued without considering previous oral arguments and evidentiary steps already taken. She told the court that prosecutors had presented five witnesses, including eyewitness accounts, a school investigative report, and video evidence that, she said, supported the assault claims.
Korkpor further explained that delays in progressing the trial resulted from a crowded docket and administrative backlog, not neglect by the prosecution. She said Rule 9, which governs time limits in magisterial court proceedings, had been misapplied, noting that if earlier requests for assignment had been granted, the statutory timeline would have been satisfied.
Defense Response
Defense counsel Atty. Jeremiah Samuel Dugbo I countered that the prosecution’s motion was procedurally defective because the State had already filed an appeal. He argued that no sheriff’s affidavit was presented to support claims of earlier assignment requests and maintained that the State waived its right to relief by failing to promptly notify the court of delays.
Origin of the Case
The case originated on March 31, 2025, after private prosecutrix Junsel Cos accused Wilson of slapping and physically assaulting her on the campus of Stella Maris Polytechnic following a verbal dispute. The complaint also alleged threats and public insults intended to cause humiliation. Wilson was subsequently charged with Simple Assault, Menacing, and Disorderly Conduct, all offenses under the New Penal Law of Liberia. She pleaded not guilty, and the prosecution began presenting its case before proceedings stalled, leading to the initial dismissal for what was ruled at the time as prosecutorial inaction.
Court’s Reasoning and Next Steps
In reinstating the case, Magistrate Barco said the record reflected that the prosecution had been actively pursuing the matter and that administrative backlog contributed to the delay. He stressed that due process obligations require the court to ensure that procedural missteps do not undermine substantive justice.
“Justice must not be defeated by procedural technicalities. The duty of the court is to ensure that every party is accorded due process, consistent with Article 21 of our Constitution,” Barco said.
The case has now been restored to the active docket. Hearings are expected to resume in the coming weeks, with prosecutors bearing the burden of proving the charges beyond a reasonable doubt.
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