Rédaction Africa Links 24 with New Dawn
Published on 2024-03-04 01:55:00
Armed robbery is considered a non-bailable crime in Liberia, leading to suspects being kept in pre-trial detentions while awaiting their trial. Public defense lawyer Cllr. Sany Carlus recently took action by filing a motion to dismiss 255 armed robbery cases due to the prosecutors’ failure to try the cases. This motion was filed on February 29, 2024, with the aim of releasing the defendants who have been detained for four court terms without being indicted to face trial, which violates their constitutional rights.
Cllr. Carlus pointed out that the prolonged detention without legal action goes against the defendants’ constitutional rights, particularly as outlined in Article 21 (h) of the 1986 Liberian Constitution. This article guarantees the right to a speedy trial and the presumption of innocence until proven guilty. The motion also highlighted that the lack of progress in the prosecution’s case could indicate a lack of evidence or a weak presumption of guilt, further supporting the defendants’ claim of innocence.
In the appeal to the court, the Movants requested the dismissal of the charges against them and urged the court to grant any other remedies that are deemed fair and just under the law. The motion brought attention to the failure of the state to uphold its responsibility to prosecute the defendants in a timely manner, leading to their prolonged detention without proper legal proceedings.
The issue of pre-trial detentions in Liberia raises concerns about the violation of individual rights and the need for an efficient and fair judicial system. The motion filed by Cllr. Sany Carlus sheds light on the challenges faced by defendants who are kept in detention without a clear path to trial, creating uncertainty and distress for the individuals involved.
The Temple of Justice in Capitol Hill serves as a symbol of the legal system in Liberia, but the current situation with the armed robbery cases highlights the need for reform and improvements in the judicial process. It is important for the court to address these issues and ensure that justice is served for all parties involved in the legal proceedings.
As the case develops, it will be crucial for the court to consider the constitutional rights of the defendants and uphold the principles of justice and fairness. The dismissal of the armed robbery cases could set a precedent for how similar cases are handled in the future and emphasize the importance of timely and thorough legal proceedings in Liberia. The motion filed by Cllr. Sany Carlus is a significant step towards addressing the challenges faced by individuals in the legal system and working towards a more just and equitable society for all.
Read the original article on The Newdawn Liberia
