Monrovia – Lawyers representing Peach Bility, son of Nimba County District #7 Representative Musa H. Bility, have formally requested the court to turn over all evidence intended for use in his trial, in accordance with Liberia’s Criminal Procedure Law.
The motion was filed under Chapter 17, Section 17.2 of the Criminal Procedure Law, which allows for the pretrial examination of books, documents, and other items referenced in a subpoena duces tecum.
The defense motion was submitted on Monday, May 19, by Cllr. Michael Wilkins Wright, former Justice Minister and lead counsel for the defendant. Cllr. Wright informed Criminal Court “C” Judge Joe S. Barkon that while he had received the case file on Friday, May 16, upon review, he found that several key pieces of demonstrative evidence had not been specifically itemized in the indictment.
According to Wright, the evidence — including firearms, narcotics, and other items seized — were only referenced in broad terms, leaving the defense unable to properly prepare for trial or advise the defendant ahead of arraignment.
“Your Honor, we respectfully request that the prosecution be ordered to present these items for physical inspection by the defendant so that he may inform the defense of his observations and determine an appropriate plea,” Cllr. Wright stated in court.
Wright also requested a 24-hour continuance to allow time for the evidence to be displayed and reviewed, emphasizing that the motion was not intended to delay proceedings but rather to ensure a fair and speedy trial.
The prosecution did not oppose the motion. Prosecutors asked the court to allow the display of the items in open court, a request that Judge Barkon granted. The court then ordered the evidence to be made available to the defense the same day, and adjourned until Tuesday, May 20, at 9:00 a.m. to allow the defense sufficient time for review.
Following the display of the evidence, prosecutors requested that their witnesses be qualified to identify the items and confirm their seizure from the defendant. The court granted that request and authorized the arresting officer to begin the identification process.
Prosecutors also requested an additional continuance until Wednesday, May 21, to allow for further witness testimony regarding several outstanding pieces of evidence related to the drug investigation. These items reportedly include assorted materials associated with narcotics trafficking.
The defense raised no objection, and Judge Barkon acknowledged the prosecution’s request, warning that the court’s objective is to ensure transparency and fairness for both parties. However, the judge cautioned that any further delay beyond Wednesday may result in the case proceeding directly to trial.
“The purpose of this exercise is to allow for transparent justice,” Judge Barkon said. “If on Wednesday, May 21, at 9:00 a.m., the remaining items cannot be identified, or if there are further challenges, this court will proceed to trial so that both parties can be fully heard and the matter concluded.”
Peach Bility was arrested earlier this year on Miami Beach in Monrovia for alleged possession of illegal drugs and a firearm.
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