BY: Shallon S.Gonlor
NIMBA COUNTY — A 53-year-old former judicial magistrate of Zuolay Magisterial Court rape trial in the specialized Sexual Offenses Division Court of the 8th Judicial Circuit in Sanniquellie, Nimba County has come to a close after weeks of proceedings.
The Court Resident Circuit Judge, Musa S. Sidibey on Monday sentenced Chester S. Paye to 25 years Imprisonment following trial jury’s majority guilty verdict return.
The court at the same time denied the motion for new trial filed by the Defense Lawyer.
It can be recalled on Wednesday, March 6, 2024 eleven out of twelve jurors returned a majority guilty verdict against Chester S. Paye, 53, for rapping the 12-year-old girl.
Eleven of the jurors voted a guilty verdict, while one abstained without indicating guilty or not guilty verdict on the verdict delivered.
On Monday, March 18, 2024 the specialized court for trial of atrocities against women, girls and children convicted the former magistrate for raping a 12-year-old infant who had been living with he and his wife Rita Dahn (victim’s aunt) on the farm in Zuolay Town, Tappita City, Lower Nimba County since May 2023.
The court ruling indicates that the convict, Chester S. Paye was found guilty based on facts, evidence adduced during trial, arguments of both prosecution and defense counsels, and legal citations in its judgment.
In his ruling, Judge Musa S. Sidibey said the court notes that throughout the trial proceedings, the defendant did not show remorse even after the jury return of the majority verdict of guilty against him.
According to His Honor Sidibey, the court also consider that the convict, 55 years old, is purported to be a former judicial magistrate with no known criminal record, therefore, the ruling and sentence impose by the court takes into consideration the utility of punishment, that is, deterrence, correction and rehabilitation.
The specialized Sexual Offenses Court’s decision looks to a punishment that provides safe environments for children and to deter others with evil intent from posing danger to children and women as well as other vulnerable groups living within the borders of the Republic of Liberia.
Chester S. Paye commission of the crime of Statutory Rape is graded a felony of the first degree which carries a maximum term of life imprisonment backed by the Penal Law Revised Code:26:14.70(4)(a).
The court judgment on Monday adjudged the former magistrate guilty and sentenced him to a prison term of twenty- five (25) years including time already served while in pre-trial detention and the remaining term be served at the Palace of Corrections located in the 7th Judicial Circuit for Grand Gedeh County with no possibility of parole.
Convict Chester S. Paye, ex-magistrate of Zuolay Magisterial Court was arrested and indicted by the Grand Jury of Nimba County sitting in its November 2023 Term of Court.
The Sexual Offenses Division Court’s final judgment found Chester S. Paye guilty for the crime of statutory rape, which the prosecution accused him of.
The prosecution case was that the retired magistrate with criminal intention, took advantage of the manor on his farm and sexually abused her, threatens not to give her food, if she disclose his atrocity to anyone.
The case however created quite an outbreak as a result of the victim narrative to her father, Obrasco Kartoe and the police, which the police were seen on a wild goose chase before the accused was nabbed in 2023 November.
The victim told her father how she had been sexually abused by Chester S. Paye on several occasions. She stated how each time her aunt, Rita Dahn is out of the home, the convict would force her to have sex, which continued for six times.
The court’s final ruling meanwhile corroborated with the jury’s majority verdict, adjudged the 53-year-old man, convicting him for the atrocity committed against the manor girl in violation of Section 14.70 of the Statutory Laws of the Criminal Procedure Law of the Republic of Liberia.
The case registered by the Women and Children Protection Section of the Liberia National Police (WACPS/LNP), Tappita Detail was chargesheeted by Nimba County WACPS Chief of Investigator, Inspector George Z. Cooper.
The trial of the case in court started Monday, February 19, 2024, and final argument heard Wednesday, March 6, 2024 with guilty verdict return by majority jury after careful consideration of the evidence adduced during the trial of said case, reviewing of arguments from both the prosecution and defense as well as making their determination in the deliberation room.
During the trial that lasted for weeks, the prosecution examined 4 witnesses, 3 rebuttals, and produced species of documentary evidence. The special court SGBV Prosecutor, Attorney-At-Law, Joseph Suah appeared for the Ministry of Justice.
For the defense, Cllr. Allen F. Gweh of Nimba County Office’s of Public Defense paraded three witnesses, which includes the defendant, defendant’s wife (Rita Dahn), and defense’s subpoena witness Dr. Daniel G. Urey, Chief Medical Officer of the Jackson F. Doe Memorial Hospital in Tappita City who testified and rested.
COURT DENIED MOTION FOR NEW TRIAL
In his ruling, Judge Musa S. Sidibey meanwhile denied defense counsel nine counts motion for new trial in the case where jurors found the retired magistrate guilty for statutory rape.
Judge Sidibey denied defense motion for new trial after hearing arguments pro et con from both parties. The judge ruled that the size of the judgment was appropriate and in line with legal standards, and the criminal procedure laws of Liberia.
But responding to both rulings on motion for new trial and final judgment, Defense Counsel, Cllr. Allen F. Gweh took exception to the rulings of the court and announced an appeal to the high court, Supreme Court of Liberia sitting in its March Term 2024 in an effort to advantage of the law controlling the statute.
