Monrovia- Monrovia City Court Judge Jomah Jallah on Thursday, January 6, denied a request from the defense team, to grant Alternative National Congress Political Leader Alexander B. Cummings brief absence from the ongoing criminal proceedings that linked Cumming to alleged Forgery and Criminal Conspiracy in an alleged altered Collaborating Political Parties Framework Document case.
Cummings has since denied changing the signature of the All Liberian Party Chairman and Political Leader signatures, following a complaint filed by the ALP to the court.
During Thursday’s trial, the defense team requested the court to grant Defendant Cummings the right to exercise voluntary absence for the continuation of the proceedings and while it is proceeding on grounds that Section 2.4 Subsection 2 of the Criminal Procedure Law, which grants the defendant right to voluntary absence.
Cllr. Abrahim Sillah, defending his client on Thursday noted that the presence of Cummings at the court will obviously attract a huge presence of the public to the proceedings, which he said was evidence by what transpired during a tension that left four officers injured, prior to the start of the case.
“Counsel says in order to avert the recurrence of this kind of situations, which could sometimes be unavoidable, the defendants beg to leave of court, while the matter proceeds in the manner and form requires by section 2.4, subsection 2, of the Criminal Procedure Law,” Cllr. Sillah is quoted as saying.
The defense team further argued that the exercise of the defendant rights is in the best interest of the state and the harmony of the proceedings, stressing that it will release the state from the burden of employing a huge amount of security presence that may be required for crowd control and relieve the state of much-needed resources that could be spent under the circumstance.
Additionally, the Defense team further reminded the court to take notice of GOL regulations imposed by MOH on COVID-19, relating to overcrowdedness saying, the absence of Mr. Cummings will decongest the court.
“The request is not intended to in any way avoid the hearing of these proceedings and or to invade the guarantee provided by the Criminal Appearance Bond, but intended to ensure that the matter is speedily heard and disposed of without hindrance of what is required,” Defense noted.
But Government Prosecutors took assertion to the defense argument on grounds that the object and purpose of section 2.4 of the Criminal Procedure law instruct that a criminal defendant shall be present in court at every period of time of the case unless there is a motion which clearly states why the defendant should not be present.
However, Cllr. Sayma Syrenius Cephus countering the defense motion said there is no legal basis that warrants the defendant’s brief absence in the proceeding, thereby requesting the court to deny and dismiss the motion from the defendant.
According to Cllr. Cephus, the action of people invading the court and causing mayhem was premeditated either through a directive by the defendant and should not be used as grounds for defendant absence during the trial.
“Either the defendant directed or instructed the unruly crowd to instigate such action and it is on behalf of the defendant the crowd acted, as such the defendant shall remain present until the end of the matter,” Cllr. Cephus said.
Following argument from both parties, Monrovia City Court Presiding Judge, Jomah Jallah said it will be a reversible error to grant the defendant brief absence, when in fact, the defendant has not pleaded to the writ as to whether or not he is guilty to the writ of arrest, thereby denying a motion made by the defendants.
At the same time, Judge Jallah, on the other hand, granted the Prosecution request to include two other parties to the writ, ANC Chairman Daniel Naatehn, and its Secretary-General Aloysius Toe into the case.
Quoting 14.7 of the criminal procedure law, title 2, Cllr. Cephus craves the court to ensure that all of those included in the writ be brought before the court on a similar matter, in line with legal authority granting the state to amend in any state of the proceeding.
The defense did not however take exception, thus providing a ground for Judge Jallah to grant prosecution request to amend, considering no objection to the motion, ordering the clerk to include both Toe and Naatehn as parties to the matter with immediate effect.
Following that request, the Prosecution also prayed to the court that the proceeding be televised so that Liberians in and outside the country can be able to view the proceeding, due to its crucial nature.
But defense counsel objected to the request on grounds that there is no law or procedures in the criminal court of Liberia to prescribe the ways or means a televised trial should be heard.
According to the defense, there is no new law that calls for said televised process noting that it has never taken place in any criminal proceeding in a court and that it would further create unnecessary spending on the part of the government.
“The Legislature has not created any law for that, and the provision of the constitution was wrongfully cited by the prosecuting lawyer,” Cllr. E. Oratio Gould stressed.
“The right to a speedy trial is reserved for the defendant to ensure a speedy trial, but did not in any way provide for a speedy trial to be televised,” Gould maintained, craving the court to deny the motion which he believes is intended to politicize the proceeding.
Following both arguments on why to or to not televise the ongoing Cummings alleged criminal proceedings, Judge Jallah reserved ruling in the case, to study the matter thoroughly before making a determination in the matter.
