By Grace Q. Bryant
Criminal Court ‘A’ has reserved ruling in the petition filed by the Alternative National Congress political leader, Alexander Cummings and others for summary proceedings on the Magistrate Jallah’s ruling into the Motion for Sopeana Detcee Stecum.
Judge Willie’s decision yesterday came after an intense legal argument between both prosecution and defense lawyers.
The defense lawyers represented by Abrahim Sillah prayed the court to deny and dismiss the ruling from the Monrovia City Court requesting the defendants to produce the original framework document against themselves.
The defense lawyers also requested Judge Roosevelt Willie to take judicial notice and investigate the actions of the magistrate in any and all the proceedings.
According to Cllr. Silleh’s argument backed by Sections 1.5, 9.4 and 8.12 of the New Judicial Law of Liberia, he described the quest by Magistrate Jallah to have his clients produce evidence against themselves as something that is totally wrong.
During the hearing at the lower court before Judge Jallah , the defense lawyers contended that the constitution provides that the burden of proof is relied upon the shoulders of the accuser, stating that the evidence cannot be shafted on the defendant according to Article 21( h) of the 1986 Constitution.
He maintain that if the prosecutions through the private prosecutor, that is the All Liberian Party cannot produce what is believed to be a forgery, there should be no matter before the court.
But prosecutions headed by Solicitor General Syrius Cephus said the framework document is not a personal property of Mr. Cummings and that the defense lawyers did not mention that the document is not in existence when the matter was before the Magisterial Court.
He argued that the prosecution is requesting only the original copy of the CPP framework document and not for the defendants to produce evidence against themselves.