-To Face His Child Sex Trial in the U.S.
By Jerromie S. Walters
In what appears as a ruling that tests Liberia’s extradition treaty obligations, the Monrovia City Magisterial Court has ordered the extradition of Othello Bruce to the United States to face multiple charges of child sexual abuse. Presiding Magistrate Ben Barco delivered the ruling on April 29, 2025, concluding a legal battle that spanned nearly a year.
“The Court notes the legal representations of the parties and will now proceed with its ruling,” Magistrate Barco began, setting the stage for a thorough examination of the case’s complex legal dimensions. The ruling came after the United States government, through its embassy in Monrovia, formally requested Bruce’s extradition on August 19, 2024.
Court documents reveal the gravity of the charges: “On July 25, 2013, the grand jury sitting in Worcester County, State of Massachusetts, United States of America returned 12 indictments against Respondent, charging him with four indictments for Aggravated Statutory Rape of a Child (natural sexual intercourse of a child alleged), four indictments for Aggravated Statutory Rape (unnatural sexual intercourse of a child alleged) and four indictments for Indecent Assault and Battery of a Person Fourteen Years Old or Older.”
The prosecution’s case was presented by a team, including the Association of Female Lawyers of Liberia (AFELL) President Cllr. Philomena Williams who did the opening argument while the Justice Ministry did the climax. They relied heavily on testimony from Cllr. Alieu M. Bility (State witness) of the Ministry of Justice. Bility’s testimony revealed: “The victim against whom Othello Bruce committed the offenses charged in the indictments is his biological daughter and that the offenses were committed between December 2010 and March 15, 2012. The victim attained the age of 14 on March 16, 2010, and was under the age of 16 during the entire period.”
Crucial to the prosecution’s argument was establishing Bruce’s flight from justice. Bility testified that “on September 26, 2012, Othello Bruce fled the United States aboard a Delta Airlines flight from New York to Monrovia, Liberia, and arrived in Monrovia on September 27, 2012.” The witness added that Bruce “was scheduled to return to the United States on October 11, 2012, but he did not board the return flight. He has been in Liberia since then.”
The legal battle hinged on two key questions that Magistrate Barco articulated clearly: “1. Whether or not the State has satisfied the requirements for extradition, such that this Court should proceed to order the extradition of Othello Bruce? 2. Whether or not the testimony of a lone witness is credible when supported by documentary evidence?”
In addressing the first question, the court examined Liberia’s legal framework for extradition. “1 LCLR, Title 2, Sections 8.2 (1973) provides that in order to entertain a request for extradition, there must be an extradition treaty between Liberia and the requesting country,” Barco noted. The ruling emphasized that “the exhibits in the possession of this Court show that there is an extradition treaty between Liberia and the United States of America. The treaty (Treaty Series 955) is dated November 1, 1937, and entered into force on November 30, 1939.”
The court’s analysis of the treaty’s applicability was meticulous: “The twelve (12) indictments against the said fugitive, charging him with four indictments for Aggravated Statutory Rape of a Child (Natural Sexual Intercourse alleged), and four indictments for indecent Assault and Battery of a person Fourteen Years Old or Older, are offenses covered under Article II (2) (3) of the Extradition Treaty and are not political offenses.”
Defense counsel Cllr. James M. Kumeh argued that “the State failed to satisfy the burden of proof.” The defense invoked biblical authority, with Kumeh quoting “John 8:17, that the testimony of two is true, asserting that a lone witness testimony was insufficient to prove the allegation and extradite the Respondent.”
The court document states: “The Court also answers in the affirmative. The law provides that he who alleges the existence of a fact must prove it and must do so by the best available evidence (see 1 LCLR, Title 1, Section 25.5). The evidence adduced by the State’s lone witness is supported by exhibits that are self-explanatory.”
The ruling cited a precedent: “In Davis, Sr. et al. v. LTA, LRSC 37 (16 December 2016), the Supreme Court acknowledges that the testimony of a lone witness should be supported by documents, such as receipts. In the instant case, the testimony of the lone witness of the State is credible insofar as it relates to the existence of documents as required under the extradition statute.”
In his concluding remarks, Magistrate Barco noted: “WHEREFORE AND IN VIEW OF ALL THE FACTS, APPLICABLE LAWS, AND ANALYSIS, it is the ruling of this Court that the condition of the applicable provision for the extradition as contained in the requisition for Othello Bruce is consistent with the relevant treaty and the statutory laws of Liberia.”
It continues: “Accordingly, the Sheriff of this Court is hereby ordered to turn over Mr. Othello Bruce to the Ministry of Justice and a Certificate of Committal ordered issued by the Clerk of this Court to be forwarded to the Minister of Foreign Affairs of the Republic of Liberia through the Minister of Justice. It is hereby so ordered.”
Defense counsel signaled their intention to appeal, with the court noting: “To which ruling of your Honor, counsel for the Defendant excepts and announces an appeal to the First Judicial Circuit, Criminal Court ‘A’ sitting in its May Term, AD. 2025.” Magistrate Barco formally acknowledged the appeal, stating: “Exception noted an appeal granted. And it is hereby so ordered.”
