By Grace Q. Bryant
Criminal Court ‘A’ Judge, Roosevelt Willie, on yesterday denied a Motion to Rescind in the ongoing case involving Montserrado County District #10 lawmaker Yekeh Kolubah and his securities.
In view of all that have been stated couple with the law citation, the motions to Rescind as filed by the defendant is hereby denied and the matter is ordered proceeded forth,” that was how Judge Willie concluded his ruling yesterday but the legal team of the defendants took exception and filled an appeal to seek further justice at the Supreme Court.
The decision from the court was predicated upon Judge Willie’s April 14, 2020 ruling which denied the Motion to Rescind on the prosecution’s application that was previously nolle prosequi.
According to him, the counsels’ argument is that the Motion to nolle prosequi as in the case at bar, was a pre-trial motion, hence it should have been denied by the court for which they are praying that the court rescinds its ruling.
But the court said in order to decide said motion to rescind, it was important to state verbatim Section 18.3 of the Criminal Procedure Law which states that, dismissal of an indictment or complaint according to Section 18.1 or 18.2 at any time before the jury is impaneled and sworn or, if the case is being tried by the court, before the court has begun to hear evidence, shall not constitute a bar under the provision of Section 3.1 to a subsequent prosecution.
Meanwhile, Judge Willie has maintained that Section 18.3 of the Criminal Procedure Law as quoted is only applicable and becomes a pre-trial motion for prosecution if and only if defendant Kolubah and the five others who were being tried simultaneously.
“This would have been a violation of Section 18.3 of the Criminal Procedure law, but not where the defendants are severance and or facing separate and distinct trials”, he stated.
Judge Willie also told the court that in view of the separation of the other defendants from defendant Kolubah, the prosecution has the legal right at any time as stated in Section 18.1 to file for a nolle prosequi for any of the two sets of defendants.
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