MONROVIA — Criminal Court ‘A’ Judge Roosevelt Willie has ordered the release of 39 pre-trial detainees from the Monrovia Central Prison, some of whom have been in detention since 2017 without indictment. The defendants, held on charges ranging from felonies to minor offenses, were released on the court’s own motion, known legally as sua sponte.
By Melvin Jackson, Contributor
According to legal sources, sua sponte refers to actions initiated by the court without a formal request from either the defense or prosecution. Judge Willie based his ruling on Title 2 of the Revised Code of Criminal Procedure, Chapter 18, Section 18.2, which mandates the release of pre-trial detainees who have remained in detention beyond the statutory period without indictment.
In his ruling, Judge Willie emphasized that the dismissal is “without prejudice,” meaning that while the defendants are released, the state reserves the right to re-arrest and prosecute them for the same offenses if it later decides to pursue charges.
The defendants were facing serious charges, including murder, manslaughter, armed robbery, and burglary. Their release highlights ongoing concerns about prolonged legal delays and the overcrowded conditions at Monrovia Central Prison.
Under Liberian law, as outlined in Chapter 18.2, a court is required to dismiss a case if a defendant is not indicted by the end of the term following their arrest or court appearance. In cases where a defendant is indicted but not brought to trial within the succeeding term, the court must also dismiss the indictment unless a valid reason for the delay is presented.
Among those ordered released by Judge Willie on Thursday, August 15, 2024, are David Francis, William Simbiano, Benjamin Williams, Isaac Kollie, Daniel Jeffrey, Daniel T. Sneh, Dee Sampson, Eddie Kana, Daniel Kennedy, Jefferson Barkue, Bill Chea, Morris Momolu, Edwin Johnson, Nathan Francis, Andrew Flomo, Alhaji Kpakpa, William Smith, Sampson Larma, Alive Baryogar, Morris Mamey, and Jerry Moore, among others.
Discussion about this post