By Comfort M. Johnson
MONROVIA, July 9 (LINA) – The Criminal Court “A” at the Temple of Justice has denied the bill of information filed by prosecution lawyers requesting the court to set aside the bail bond filed by law maker Yekeh Kolubah and five others, to allow for their re-arrest.
Handing down final ruling Tuesday, Presiding Judge Roosevelt Z. Willie said on June 2 prosecution lawyers filed a bill of information solely based on the fact that the court has not re-arrested the defendants in view of the ruling of June 26 wherein the court set aside their property valuation bail bond for not meeting the requirement as provided in the Civil Procedure Law Chapter 3.
He further stated in his ruling that while portion of the law has several requirements for such a bail bond, the court ruled to set aside the bail bond on two of those requirements – that the person who posed as surety for the property was not present in court.
Judge Willie also noted that said property must be free of all taxes owed the Government of Liberia which was not the case as the alleged property owner was still indebted to the republic in some amount of taxes which has not been paid.
Judge Willie indicated that it was based on those two requirements that the court ordered the bond set aside and ordered that the defendants be re-arrested and incarcerated until and unless the bail bond is re-filed and sufficient as required by law.
The Judge further pointed out that the purpose of the bail bond is to secure the presence of the accused before court for the purpose of public justice, and that the bail bond filed by defendant Kolubah includes the other defendants.
He asserted that in addition to the bail bond the court requested personal sureties in persons of Richardson A. S. Kromah and Pastor Brewer K. Kolubah so that in the event where the court will not see said defendants, the sureties will be arrested and detained.
Judge Willie indicated that the court informed the defendants to appear before it twice a week to sign in the court record book, and it is established that the defendants have been coming before court and signing said book.
“This court says that the bill of information as provided by the prosecution is hereby denied as it is satisfied with this bond until proven otherwise,” the judge said.
He added:”This court wishes to assure all parties that as far these defendants are concerned, the court is satisfy as law requires and whenever they violate any of the provisions as laid down by this bond, they shall be arrested and incarcerated.”
The court had earlier issued a writ of arrest for Kolubah, while the co-defendants were in police custody, but the Speaker of the House of Representatives intervened, assuring that Kolubah will submit to the due process of law.
From Police investigation, it was established that Representative Kolubah allegedly ordered the flogging and torturing of a resident of his district identified as Emmanuel Freeman by his personal bodyguards.
The suspects were picked up on June 5 following a distress call by victim Freeman who Police respondents met lying under a market stall opposite Rep. Kolubah’s house naked, handcuffed, and with wounds on his head and bruises on his body.
Suspect Abu Keita, Oliver C. Konneh, Mohammed A. Kaba, Johnson Kpor, Varmu Kolubah and Mohammed S. Kaba were arrested and detained for over five days, but Kolubah refused to show up.
Upon the order of Judge Willie, the other defendants were immediately arrested and brought before the court and served their writs and indictments but Kolubah failed to appear to receive his indictment and writ.
After a week, Kolubah along with Grand Bassa County Representative Thomas Goshua, Lofa County lawmaker Francis Nyalin, and lawmaker Cllr Beyan Howard escorted Kolubah to the Criminal Court “A” to receive his indictment and an arrest order.
Kolubah and the others are facing charges of aggravated assault, criminal attempt to commit murder, kidnapping, criminal facilitation, and criminal solicitation.
Meanwhile, as the bill of information filed before the court is denied, the case is pending notice of assignment.