…Says prosecution fail to proceed within the time provided by Law
By: G Bennie Bravo Johnson ICriminal court B’ through his honor Nelson B. Chineh, has dismissed the murder trial involving EPS Patrick Kollie, based on the movant content that Prosecution failed to proceed within the time provided by law.
“WHEREFORE AND IN VIEW OF THE FOREGOING, it is the ruling of this Court that Movant’s application praying Court to dismiss the case of action for the State failure to proceed should be and same is hereby granted. Trial case is hereby granted without PREJUDICE to the State.
And it is hereby so order.”
The criminal court B’ through his honor Nelson B. Chineh, assigned circuit judge, criminal Assizes “B” stated that the court decision to dismiss the case is based on the movant content that Prosecution failed to proceed within the time provided by law and therefore the entire suit is a fixed subject for dismissal.
“The Movant content that Prosecution failed to proceed within the time provided by law and therefore the entire suit is a fixed subject for dismissal.”
The court said the movant contains that in section 18.2, 1LCLR, Title 2, provides that, “Unless good cause is shown … A court shall dismiss an indictment if the Defendant is not trial during the next succeeding Term after finding the indictment”.
It can be recalled, that the Liberia National Police charged and sent EPS Patrick Kollie, then 27 years to the Monrovia Central Prison for allegedly killing Valentine Johnson at the Police Academy Junction.
“In view of the foregoing facts and circumstances surrounding the death of deceased Johnson, coupled with physical evidence (9mm Norinco pistol) adduced, as well as witnesses’ accounts, this investigation has resolved to charge defendant Kollie with the Crime of Murder in violation of Chapter 14, Section 14.1 of the revised penal code of the Republic of Liberia,” the police charge sheet stated.
The investigation was conducted on July 4, 2023 that the defendant was not on official duty nor around his assigned vicinity, adding that the defendant was on his way to his Police Academy residence and allegedly came across some criminals who tried to molest him by impeding his movement.
Police investigation established that while the argument was ongoing between the defendant and those alleged criminals, the defendant went into his parked vehicle and took out his assigned 9mm Norinco Pistol with serial number LR/ EPS / 4097307-67 and as soon as the criminals realized that defendant Kollie had an arm, they took to their heels and passed by an approaching motorbike.
“Investigation further established that as soon as the two criminals passed the approaching motorbike, defendant Kollie fired a round behind the two criminals thus hitting deceased Johnson above his left eye and exiting behind his head leaving him unconscious and subsequently succumbing to death,” police charge revealed.
The charge explained that after defendant Kollie realized that he had wrongly hit the wrong person, he immediately got into his vehicle and speedily left the crime scene, and went towards the SKD Boulevard Road passing through Police Academy.
According to the police charge sheet, defendant Kollie during the course of the investigation, admitted discharging the firearm and explained that he was attacked by a group of thugs who wanted to disarm him, and in the process his firearm went off or got discharged, thereby hitting a civilian who was riding on an approaching motorbike.
Meanwhile, the court document established that the defendant was indicted by the Grant Jury of Montserrado County during the August Term of 2022, specifically August 11, 2022. An attempt to disclose the case was made in November Term but the hearing resulted in the hang verdict. Accordingly, the new trial was directed but has not been heard up to the present.
The court further added that the reason to dismiss the case is that proof is not evidence or presumption is not great, therefore granting the Defendant bail, since the prosecution has made no effort to proceed to prosecution against the defendant.
Adding that the bail does not in any way stop with Prosecution, neither does it restore the civil of the case.
“Since the Court reason out that proves is not evidence or presumption is not great, therefore granted the Defendant bail, the Prosecution has made no effort to proceed to Prosecution against the Defendant further. Bail does not in any way stop with Prosecution; neither does it restore the Civil of the case.”
The court continued revealing that in an agreement with the movant the prosecution failure to proceed against the defendant from November 20, 2022, to now February 2024, is far beyond the statutory period as provided for in section 18.2, 1LCLR, Title 2, for which motion for dismissal was laid.
However, said dismissal in any way serves as a bar to Prosecution.
