BY: Shallon S.Gonlor
NIMBA COUNTY — A jury of twelve has returned a unanimous guilty verdict against two rape defendants, Emmanuel Saye, 26, and Emmanuel Nyanque, 20.
Jurors at the Sexual Offenses Court of the 8th Judicial Circuit in Sanniquellie, Nimba County found the defendants guilty of gang rape against a 29-year-old pregnant woman who was serving a private security duty at Mount Tokadeh in Gbapa Town, Nimba County District#2.
The jury’s unanimous “guilty verdict” was reached Thursday, September 12, 2024, after reviewing arguments from both the prosecution and defense lawyers as well as making their determination in the deliberation room, which lasted for an hour, declaring the defendants guilty for the crime levied.
“WE, the trial jurors to whom the case; Republic of Liberia by and thru the Ministry of Justice; Plaintiff, versus Defendants Emmanuel Saye and Emmanuel Nyanplue charged for the commission of the crime of gang rape was submitted to and after careful consideration of the evidence adduced during the trial, we do by unanimously or by majority agree that the defendants are guilt as to counts 1&2”.
Despite the defendants’ denial during their arraingment in court, the member of twelve jurors came down with the guilty verdict after a careful review of arguments from both the prosecution and defence lawyers.
The trial, which lasted for weeks, witnessed both prosecution and defense counsels parading witnesses to testify.
Defendants Emmanuel Saye, 26 and Emmanuel Nyanplue, 20, were arrested and indicted in May 2024 in connection with the rapping of a 29-year-old pregnant women contrary to title 26; section 14.70 of the Statutory Laws of the Criminal Procedure Law of Liberia.
But in response to the verdict, the defense counsel took exception to the jury’s verdict and announced an appeal to the Supreme Court in an effort to take advantage of the law.
Receiving the verdict Thursday, September 17, 2024, the Resident Circuit Judge of the Sexual Offenses Division Court, Musa S. Sidibey thanked the jurors for the service render, and further discharged than to return to their respective homes.
Judge Sidibey meanwhile announced a sentencing within the coming days, ordering the Bureau of Correction and Probation of the Ministry of Justice office in Nimba County to conduct and report on or before Tuesday, September 17, 2024 a presentencing investigation on defendants Emmanuel Saye and Emmanuel Nyanplue so as to enable the court to render final judgment.
The grand jury for Nimba County upon their oath sitting in its May Term of Court, A.D. 2024 indicted multiple criminal defendants for the crime of gang rape, a felony of the first degree.
The indicted defendants are Ojuku Zuu, Emmanuel F. Saye, Prince, First Sunday Prince, Emmanuel Nyanplue, Abedengo Albert, Nyensuah alias ‘God-There’, and others at large.
According to the indictment, the multiple criminal defendants on Wednesday, May 15, 2024 at 3:00am on Mount Tokadeh with criminal minds and intents, knowingly, criminally, intentionally harassed and flogged the 29-year-old while she was on her assigned security post and forcefully raped her, one after the another.
The ten counts indictment furthered that the LNP Women and Children Protection Section preliminary investigation established that the multiple defendants were in possession of cutlasses and other deadly weapons when the defendants moved up the mount and held the victim hostage along with her male colleagues, collected their phones, took away ArcelorMittal Liberia yellow machine batteries, fuel oil and sexually abused the six-months pregnant woman prior to their departure and made away with those stolen items.
The indictment revealed further that the victim during the night of the incident while serving as LPGS security guard up Mount Tokadeh around the Construction Mining Company (CMC) of ArcelorMittal’s concession area in Gbapa the defendants in group grabbed her and separately raped her by inserting their fingers, hands and penis into her vagina in the presence of her male workmate, Patrick L. Yarmie who was also held in hostage under a yellow machine.
TRIAL SUMMARY
VICTIM: The victim (RD) testified that on the night of May 15, 2024, while on duty as a security guard at Mount Tokadeh mines, a group of men including the defendants, Emmanuel F. Saye and Emmanuel Nyanplue, bearing cutlasses (machetes) attacked her guard post, physically assaulted her and her supervisor, Patrick L. Yarmie, and raped her multiple times while in their custody.
She added that the defendants inserted their fingers into her vagina and later used their penis to penetrate her vagina, noting that in the process of raping her, defendants beat her butt with their machetes to control her and threaten to harm her and the supervisor.
Stressing that at the time of the attack and rape, she was six to seven months pregnant. While after assaulting and raping her, the defendants made away with valuable items; and that after the gang left the crime scene, other guardsmen who had fled the scene, came to their rescue.
She testified that the case was reported to the police who conducted an investigation; which she was referred and also examined at the George Waye Harley Hospital and treated.
The testimony of the victim was corroborated by other witnesses in persons of Patrick L. Yarmie, the supervisor on the crime scene who was also attacked by the defendants, James BW Darwolor, the SGBV Focal Person of the George Waye Harley Hospital and Same V.Seboe, the investigator/LNP, respectively.
The medical report tends to show that there was a hematoma on the victim’s back, and abrasion on her butt. The victim’s labia majora (out fatty folds of the vulva bounding the vestibule) and labia minora (the inner highly vascular largely connective tissue folds of the vulva bounding the vestibule) were observed swollen.
During the trial, the LNP-WACPS investigator, Same V. Seboe, identified defendant Emmanuel Saye by the nickname “Quick-to-Kill” while defendant Emmanuel Nyanplue identified himself by the nickname “God-There”.
DEFENDANTS’ STATEMENT
On arraignment, the defendants pleaded not guilty to the indictment but pleaded guilty to stealing at Mount Tokadeh mines, the crime scene, on the night of May 15, 2024, where the victim and Patrick L. Yarmie were stationed.
At trial, the defendants testified that Abednego Albert recruited them in Gbapa Town to steal fuel and other valuables from the victim’s duty post.
They testified further that they were strange to the operation for which Abednego Albert, the alleged gang leader, instructed them to still in the bush, but later called them to haul the stolen fuel and batteries from the crime scene.
Noting that after the gang returned to a village, they, the defendants learned from the conversation between Abednego Albert and the four other accomplices that they (other accomplices) raped the female security who was abducted in the gang raid on the Mount Tokadeh mines.
The defendants on trial said they complained of their disagreement over the rape, but were told by Abednego Albert to let it go; and that they did not carry cutlasses. But the other accomplices did carry cutlasses.
The defendants admitted that the victim and Patrick L. Yarmie were held in the custody of the gang under a yellow machine where the victim was assaulted and raped multiple times.
Gang Rape: A person has committed Gang rape, a first-degree felony, if he or she purposely promotes or facilitates rape or agrees with one or more persons to engage in or cause the performance of conduct which constitutes rape, a violation of Penal Law Rev. Code: 26:14.70 and 26:14.77.
