By Precious D. Freeman
A key prosecution witness in the Capitol Building arson trial has admitted that crucial WhatsApp messages allegedly linking the defendants to the fire attack disappeared due to the phone’s default timer setting.
Testifying before the court of non-record, police investigator Peter Johnson said he had played two alleged recordings from defendant Thomas Etheridge’s phone.
However, when ordered to read the WhatsApp messages purportedly implicating Etheridge and co-defendant Eric Susay, Johnson revealed that they were no longer available.
Etheridge and Susay are facing multiple charges, including arson, release of destructive forces, reckless burning or exploding, criminal mischief, reckless endangerment, attempted murder, theft of property, and aggravated assault.
The Liberia National Police (LNP) accused them of orchestrating the attack that set the Capitol Building ablaze.
During cross-examination, defense lawyer Cllr. Wilkins Wright questioned how the messages could have disappeared when the phone had been in police custody since December 18, 2024, with a default timer set for 24 hours.
Johnson responded, “Anyone with an internet-enabled phone knows that there is a default timer program that allows users to set messages to disappear within a certain time limit. That’s what happened here. However, we printed hard copies of the conversations from the phone, which we have submitted to the court.”
Cllr. Wright immediately objected, arguing that the printed copies were not the best evidence.
He insisted that the phone itself, rather than printed messages, should be presented as primary evidence.
However, the prosecution countered, citing Section 25.6 of the Civil Procedure Law, which allows copies of documents to be admitted if the original is lost, destroyed, or unavailable.
Cllr.Wright responded by referencing the same statute, arguing that the best available evidence must always be presented and that the printed copies did not meet that standard.
After hearing arguments from both sides, Judge L. Ben Barco overruled the defense’s objection and admitted the printed messages into evidence.
The trial saw a brief suspension when the prosecution attempted to replay the alleged recordings but failed to unlock Etheridge’s phone.
The state then called a National Security Agency (NSA) technician to assist, contradicting an earlier claim that the expert was from the Liberia National Police.
Despite the setback, Johnson concluded his testimony on January 31, 2025, and the prosecution rested its case after presenting both oral and documentary evidence.
In open court, the prosecution played an audio recording in which co-defendant Thomas Etheridge allegedly discussed with Eric Susay their plans to purchase gasoline for petrol bombs.
The police investigative report claims the conversation also reveals that the suspects beat up a police officer and handed his weapon to former Executive Protection Service (EPS) members involved in the protest.
State witness Johnson further testified that Etheridge allegedly transported the attackers from Brewerville to the Capitol Building, where the arson attack was carried out.
Susay, he said, was identified as one of those who assaulted the police officer and handed over his weapon to former EPS officers.
In a dramatic twist, Judge Barco fined the state prosecution team US$100 for deceiving the court by introducing agent Lewis Jayjay of the National Security Agency (NSA) as an officer of the Liberia National Police.
With the prosecution having rested its case, final arguments are scheduled for Thursday, February 6, 2025, as the high-profile trial moves closer to a verdict.
