Oliver Dillon Case Transferred

By Grace Q. Bryant
The Judge of Criminal ‘A’ Roosevelt Willie has transferred the ongoing murder case of Oliver Dillon and Government of Liberia to criminal Court ‘B’ for it to commence trial this November term of Court.
Judge Willie’s ruling on Monday, November 18, said the motion for recusal as applied for by the prosecution is granted on the fact that the court has touched the merit of the case.
According to the Judge, proof is not evident and presumption not great because when the critical elements require for by an offence to have been committed is present with the offense charged. The critical elements that need to be present for the offense to be held, when they are not present then proof is not evident and presumption not great.
The Judge added that the defendant was charged for murder and the court says that the elements for murder are not present and therefore based on that it granted bail.
He said, one of the conditions for which a Judge must recuse himself when the Judge touches the merit of the case in applying for a bail.
Judge Willie revealed that during the May term of court, a motion was filed before the court by the defendant for him to be placed on bail and the cause of the bail as proof was not evident and presumption was not great, that ground was premised on the Criminal Procedure Law Section 13.1.1.
According to the argument put forward and which was also enshrined in the charge sheet and indictment, it said that charge of murder could not lie against defendant Dillon because the critical elements of murder which are premeditation and malice were not determined by the police neither could it be determined by those who indicted him because both instruments stated that when Defendant Dillon and his fiancé had gone to their residence and inadvertently left his glasses in his vehicle.
The Judge continued that defendant Dillon was attacked by some strange gentlemen and therefore while he was in the process of resisting, he stabbed one of those who had come to attack him and that person died in the process.
The Judge mentioned that although the prosecution resisted the motion for bail, the court, having listened to the arguments and law citations put forth by the parties decided to grant the motion for bail because the critical elements of murder did not exist which are premeditation and malice afford thought.
Notwithstanding the granting of motion , the court was taken on certiorari before the justice Nagbe and the Justice in Chamber having listened to the parties reversed the decision of the judge to grant bail to the defendant and sent the case back for trial.
He added that the prosecution filed a motion for the judge to recuse himself based on the previous ruling made wherein the court granted bail to the defendant.