By Grace Q. Bryant
Criminal Court ‘ A’ has subpoenaed Varlee Telleh through Mayor Jefferson Koijee.
According to the subpoena decu tecum and ad testificandum, Telleh is to produce his telephone numbers used from February 21-25, 2023 and also testify before the court as to whether said telephone was used and who he called within the timeframe.
The Judge’s decision was based on subpoena filed by the lawyers representing defendant Gloria Musu-Scott and others.
The defense also requested for subpoena ad testificandum to be served on Orange GSM Company on this number “+231-777-142-113”, and for easy reference, it is Samsung galaxy A53-Imei, it bears a certain number for easy reference and the number is 35 1024051489354.
Defense also prayed the court for subpoena ad testificandum and decu tecum to be served on these following numbers: Orange GSM +231-776- 011-848, Lonestar telecommunication number 0880-898-722, also Lonestar number +231-886-529-330.
According to the defense, the three last numbers were being used and owned by co-defendant Gloria Musu Scott, and the defendants are seeking the aid of the court to help through the GSM Company, to know who is using these numbers now, as per the incident, and that can be determined when they are subpoenaed from the time the incident happened.
Defense further requested the court for the gadgets of the said phone numbers and the phone from February 22 up to today, November 30, because the said phone company testified that they have the ability to locate the phone by use of the gadget. Counsel so prays and submits.
In resisting the application for the subpoena made by the defense counsel,
prosecution says that the entire submission or the request for the subpoena is done in total bad faith, intended to delay the trial unnecessarily, because it
does not state with specificity and particularity, the particular information being sought by defense.
Prosecution further explained that it is vague and a mere act of filibustering by the defense, because as to the need, Jefferson Koijee and Varlee Telleh are two distinct individuals and responsible for themselves in their own conduct and actions, therefore, subpoena being sought by a party for those two individuals must be separate and distinct and should not be bundled up as being done in this
instant case. Therefore, the request must be denied until the proper thing is done.
According to prosecution, Jefferson Koijee and Varlee Telleh were investigated at the Liberia National Police and subsequently discharged by the LNP of having no link with the incident of February 22, 2023, at the residence of defendant Scott.
In Judge Roosevelt Willie’s ruling yesterday, it said while it is true that the subpoena, which the law says can be ordered by either of the parties, must be relevant to the case, the subpoena, as prayed for by the defendants, is relevant to the case because the court file specifically mentioned Jefferson Koijee and Varlee Telleh as being investigated and freed from all responsibility of this crime.
Judge Willie furthered that the defense counsel is saying that despite the report or investigation by the Police, they want to find out by themselves, based on their telephone, and pray those telephone numbers are subpoenaed as to whether they played any role in the murder, conspiracy, and raising false alarm to law
enforcement officials.
Judge Willie maintained that the defense has a responsibility to defend themselves, because were they to be found guilty of the crime, the punishment of the crime calls for life imprisonment and death by hanging, even though death by
hanging has been nullified by the Liberian Legislature, and so it is relevant to the
court as it relates to the numbers that have been requested. They are relevant because when the GSM companies produce the call log, the call log will indicate whether that number is being used, where it is being used, and what time it is being used
“The Clerk is hereby ordered to subpoena decu tecum and ad testificandum Varlee Telleh through the City Mayor of Monrovia to come and testify,” the court ruled.
