Criminal Court “D” has found a notorious and popular scammer, identified as George B. Wade, alias ‘Nicholas Jack Davis’, not guilty of the crime of Armed Robbery.
Judge Mamietta Jabateh-Sirleaf rendered a not guilty verdict against the defendant, based on prosecution’s failure to establish a prima faci case against the defendant for armed robbery.
A prima faci case is one which is established by sufficient evidence and can only be overturned by rebutting evidence adduced at trial.
According to Judge Jabateh-Sirleaf, prosecution also failed to sustain the principle of burden of proof by not providing a single iota of evidence in order to convict the defendant.
She ruled on two key issues, whether or not prosecution proved its case as charged in the indictment against the defendant, and whether or not prosecution did establish a prima faci case against defendant George B. Wade during the course of the trial.
“In criminal proceedings, prima facie evidence is sufficient to support a conviction in favor of the party, introducing it when no evidence has been produced in rebuttal,” the Judge said.
Judge Jabateh-Sirleaf ruled based on witnesses’ testimonies, which could not link the Defendant to the allegation of armed robbery.
The statement and testimonies which the Judge relied on, made by prosecution’s first witness, Ida Lagural, contained lots of inconsistencies and inherent contradiction, which is not sufficient to establish the guilt of the defendant in the premise.
Also, handling down the verdict, the Judge quoted sheet 3, December 14, 2023, in which the private prosecutrix responded to questions from the Prosecution; she narrated that she went to the security of the hotel after the alleged Armed Robbery.
The private prosecutrix also stated that she went to the Brewerville Police Station while she was answering questions on the cross, and that she was advised to proceed to the Barnersville Police station; as such, at the same time, she said that she went to the security to ask for phone before going to the station.
According to Judge, the court is inclined to note that there is no coherence in the prosecution’s first witness’ testimony, considering the fact that she is the main complainant in this case.
Additionally, she indicated that the State did not produce any weapon as evidence, which the private prosecutrix claimed was used on her during the alleged armed robbery.
“It is well noted that our Criminal Procedure Law imposes on occurrence of evidence to the State, the obligation not only to show by preponderant and establish the guilt of the defendant, but also to meet the standard of proof,” the Judge said.
It can be recalled that the Grand Jury for Montserrado County, upon oath, did find more probable than not that the defendant George B. Wade, Alias Nicholas Jack Davis, Kingston Kelvin, Santos Moses, and others to be identified, committed the crime of Armed Robbery, which is a felony of the first degree and a capital offense.
On Wednesday, March 22, 2023, in the Gardnerville community, between 2pm – 6pm, the private prosecutrix had gone to discuss business with the defendant at a local hotel, and the defendant, allegedly armed with a deadly weapon, to include a silver knife with a black handle, allegedly placed the private prosecutrix under knife point and threatened to kill her if and only if she refused to surrender her gold ring and chain, along with two smart phones.
The indictment alleged that on March 21, 2023, Jack Davis met the private prosecutrix at her business area in Banjor, Hotel Africa Road, and added that he (Jack Davis) was going to help her with money to buy more goods for commercial purposes.
That the Defendant again asked the private prosecutrix whether she had money on her to go to Turkey, to which the private prosecutrix confirmed that she had US$ 3000, and the defendant encouraged the private prosecutrix to take the money to him in a hotel in Gardnerville.
And that after a long discussion, the defendant allegedly pulled out a long silver knife with a black handle and ordered the private prosecutrix to remove her gold ring, gold chain, two smart phones, and cash of US$3,030.
When the case called, the prosecution paraded seven witnesses. Its first witness was Ida Larugal, who testified before the court that she had an interaction with the defendant at a hotel, then defendant demanded that she turn over her US$3,000, so that he can increase it to US$7,000 to help her go shopping abroad.
Meanwhile, the trial jurors of the February Term of court, 2024, brought a guilty verdict against defendant Joshua Wleh for the crime of Armed Robbery.
In reading the probation report, Judge Jabateh Sirleaf, in open court, said that the probation report revealed that the defendant Joshua Wleh is a notorious criminal who has over the years terrorized the Chocolate City Community in Gardnesville.
Defendant Joshua Wleh, who is now an 18-year-old boy, was sentenced to eight years in prison.
Meanwhile, suspect Wade, who was charged with the crimes of Rape, Sexual Assault, Simple Assault, Terroristic Threat, Felonious Restrain, Menacing, Criminal Coercion, Robbery, Armed Robbery, Forgery, or Counterfeiting, Theft of property and Disseminating Obscene Materials, has been freed from the Armed Robbery charge, but still has the other charges on him.
Suspect Wade act was in violation with Chapter 14, Sections 14.70, 14.77, 14.21, 14.24, 14.51, 14.25, 14.27; Chapter 14, Sections 15.30, 15.32, 15.70, 15.51, and Chapter 18, Section 18.7.
