The New Dawn Liberia | Truly Independent

Criminal Court “D” Judge James W. Zotaa has admitted 10 suspected armed robbers to bail, saying they will be released as soon as they present a bail secured by natural securities to the satisfaction of the court.

The suspects include Perry Willie, Phillip Kalu, Joe Sayo, Abraham Kamara and Junior Roberts. Others are Tamba Frances, Varney Fahnbulleh, Regan Devreede, Sallie David and Hassan Kamara.

Following the suspects’ perpetual detention for alleged armed robbery over one year at the Monrovia Central Prison without being indicted, the court observed that the victims or complainants had no [interests] in pursuing the matter simply because the accused were in detention.

As a result, defense lawyers had filed a motion to dismiss the charge against the suspects on grounds that the state failed and refused to prosecute the defendants.

Judge Zotaa ruled Wednesday August 15, 2012 that the defendants were detained protractedly after the period provided under Chapter 18, Section 18.2 of the Criminal Procedure Law.

In granting the motion to the defense, Judge Zotaa ruled that sureties will make the defendants available at any time for prosecution whenever the private parties or complainants were ready.

The court stressed that Chapter 13 of the Criminal Procedure Law provides that all crimes, including capital offenses such as murder, armed robbery and rape are bailable when presumption is not great and the proof not evident.

Judge Zotaa: “In the mind of this court, since the movants have not been indicted, due to whatever reason within the statutory period they have been in detention for over one year period, the presumption is not great and the proof not evident, that they have committed Armed Robbery. Hence, this court admits them to bail in the supreme interest of justice for all.”