The Judge of Criminal Court “D” at the Temple of Justice in Monrovia has ordered the arrest of the Minister of Justice, County Attorney for Montserrado County along with the Director of Police if they fail to produce the living body of Prince Toe. Criminal Assizes “D” is responsible for armed robbery and other armed-related offenses such as Mercenarism.
Those expected to be arrested are Cllr. Benedict Sannor, Minister of Justice, Cllr. J. Daku Mulbah, County Attorney for Montserrado County and Chris Massaquoi, Director of Police.
Judge Koboi Nuta’s order was based on a petition for a writ of Habeas Corpus, which was filed by Cllr. T. Dempster Brown on behalf of his client, Toe.
According to the petition for a writ of Habeas Corpus filed, Cllr. Brown said while Toe was returning from his fiancée’s place at about 5:30 a.m., he was allegedly shot by a group of heavily armed policemen with AK-47 riffle in the back.
He told the court that the alleged shooting took place last Wednesday on Carey Street at a local hotel.
The victim, who state prosecutors claimed to be an armed robber suspect, is currently taking treatment at the John F. Kennedy Hospital in Sinkor as a result of bullet wounds he sustained.
In his ruling on the Habeas Corpus and its resistance thereto, Judge Nuta said the respondent/government of Liberia has informed the court that the petitioner was in a hospital, which the state would produce his living body by 2:00 p.m. on Tuesday, September 8, 2015.
The Judge said for the state prosecutors to substantiate its proof that the petitioner was hospitalized at the J.F.K, they provided the telephone number of Dr. Kamara, who told the court that he would discharge the petitioner for him to appear before court.
Judge Nuta pointed out that instead of having the petitioner in court, the respondent has elected to deliberately, unconstitutionally and in disregard to the court have continued to exercise its illegal and unwarranted custody of the petitioner.
He stated that in the minds of the court, the act of the respondent will not and should not be tolerated and in doing so, will send a bad message to the public at large.
The assigned Circuit Judge emphatically told the respondent that Liberia is a country of laws and not of men and that all citizens have the right which must be respected and protected at all times under the law.