-As Magistrate Ben Barco denies motion to dismiss the charges
By: G Bennie Bravo Johnson, I
The Monrovia City Court is expected to hand down a ruling on Friday to determine the validity of the charges against former Speaker Cllr. Jonathan Fonati Koffa and his colleagues —Representatives Dixon Seboe, Abu Kamara, and Jacob Debee II. The City Court through its Stapentary Magistrate – Ben Barco heard an argument in the arson case but reserved ruling in the preliminary hearing of the matter.
The legislators were charged and forwarded to court by the Liberia National Police on Charges including arson, criminal mischief, reckless endangerment, attempted murder, criminal facilitation, and conspiracy, all tied to the December 18, 2024 blaze that occurred during the major legislative crisis. For the last two days, the City Court has entertained arguments from the prosecution and defense lawyers to determine the validity of the charges leveled against former Speaker Koffa and his colleagues.
The defense lawyers in the prayer to the court argued that the Prosecution has no evidence against the lawmakers to testify that they are the perpetrators of the Arson attack on the National Legislature.
They asserted that the evidence gathered were not taken from the phones of the lawmakers but rather a third party source. With this, the lawyers prayed the court to dismiss the charges against the lawmakers.
“Evidence for conviction must be direct, not third party.”
However, the prosecution noted that the evidence adduced against the lawmakers are fully link to them. Therefore prayed the court not to dismiss the case.
During the Thursday, June 12, 2025, final argument of the preliminary hearing, Magistrate Ben Barco denied a motion prayed for by the defendants to quash the evidence adduced against them. The defense lawyers had prayed for a movant motion for the court to quash the evidence against the defense. They argued that the evidence gathered against their clients is evidence not attributed to them.
Moreover, the defense argued that the court should suppress the evidence dismiss the case, and further discharge the defendants. They averred that the evidence were gathered on the bases of search and seasure and that the evidence that were gathered were taken from the phones of those who are not on trial.
During the previous hearing, the evidence gathered against the defendants was testified to, marked, and admitted into evidence without objection from the defense counsel. This is the ground on which the persecution prayed the court to quash the motion prayed for by the defendants.
They continued that the evidence has previously been testified to, marked and admitted into evidence and that if the defense were to object to the evidence, they were not to allow it to be admitted. Therefore, they suffered a waver of latches. The City Court Magistrate Barco in denying the motion, and ruled that “When the evidence are being testified to, there is no way the court can revert it’s decision.”
