-Says government has prima facie in Capitol Building Arson Case
By: G Bennie Bravo Johnson I
Monrovia, Liberia – Stipendiary Magistrate L. Ben Barco of the Monrovia City Court has ruled in favor of the state in the high-profile Capitol Building arson case involving defendants Thomas Etheridge and Eric Sasay. The ruling was delivered on Tuesday, February 25, 2025.
Magistrate Barco in his ruling stated that Prosecution has established a prima facie case for the Defendants to further answer to the charges leveled against them.
“Therefore, it is the holding of this Court that the Prosecution has established a prima facie case, such that Defendants can be held to further answer to the crimes as charged.”
Judge Bargo averted that the Prosecution presented evidence collated from the crime scenes and electronic gadgets.
However, asserted that unless the species of evidence are properly rebutted, they stand tall as factual against the Defendant.
“In their attempt to establish the
existence of prima facie evidence, the Prosecution presented evidence that they collated from the crime scenes and electronic gadgets. Unless these species of evidence are properly rebutted, they stand tall as factual.” Judge Bargo stated in his ruling.
The case involving Republic of Liberia v. Thomas Isaac Etheridge and Eric Susay, which is premised on serious criminal charges, including arson, criminal mischief, conspiracy, and attempted murder – all linked to the Capitol Building fire, the Criminal Court “A” Resident Circuit Judge Roosevelt Z. Willie, to whom the case has been transferred, initially upheld the decision of Monrovia City Court Stipendiary Magistrate Ben L. Barco to denied the petitioners prayer for a motion to suppress evidence and return personal property.
“Therefore, the Magistrate’s decision is affirmed and confirmed.”
As a result of this ruling, the evidence in question remains admissible in the case and prompted the February 25, 2025, initial ruling in favor of the Government of Liberia.
The petitioners had sought to overturn the Magistrate’s ruling that denied their motion to suppress evidence and return personal property. The petitioners contended that evidence obtained from co-defendant Thomas Isaac Etheridge’s phone was unlawfully collected due to procedural errors.
Specifically, they argued that the search and seizure warrant was issued 23 days after Etheridge’s arrest, rendering the evidence inadmissible. Additionally, they claimed that their client had not been represented by legal counsel during the investigation, thus violating his rights.
But in reviewing the petitioners’ request to reverse the Magistrate’s decision, the Criminal Court A’ Judge Willie to whom the case has officially been transferred found that the ruling was sound. The court agreed with Magistrate Barco’s reasoning that the petitioners had waived their right to challenge the evidence by waiting until the conclusion of the preliminary examination to file their motion.
“The Defendant/Petitioner sat supinely when the evidence was being produced and marked… and did not object until the final arguments were made,” the court stated in its ruling.
The Monrovia City Court stipendiary Magistrate L Ben Barco has
ordered the clerk of court to transmit the records of the Capitol Building Arson case along with the defendants to the First Judicial Circuit, Criminal Court “A” presided over by Judge Roosevelt Z. Willie, for further determination of the case.
