MONROVIA October 6, (LINA) –The Judge of Criminal Court “A” at the Temple of Justice, Johannes Zlahn, has granted prosecution’s request for additional continuance, October 9, 2014, on a motion filed by the defense to dismiss a murder case.
The first request for continuance was granted on Monday for arguments on defense motion for dismissal to have been heard Wednesday, October 8, 2014, according to the Liberia News Agency.
It will be recalled that the Public Defense Counsel representing Tarpeh Davison who has been incarcerated at the Monrovia Central Prison for alleged murder since August 4, 2009, filed a motion to dismiss the case due to the failure of the prosecution to proceed with the indictment when they have all the instruments that led to the detention of the defendant.
In the motion filed Tuesday, the prosecution, represented by Attorney A. Tamba Gborie, said the access of justice is not a speedy one, noting that the search for the file is still on-going.
“We have contacted the police and they are checking in their cabinets while the office of the County Attorney is also conducting a diligent search,” Gborie noted.
He added: “The issue at bar is a capital offense where the life of a peaceful citizen was recklessly and wantonly taken away"
He added that in order for justice to prevail so that either parties will have fair access to justice, the records in the case under the jurisdiction of the court, or any court of competent jurisdiction, must be made available to determine the nature of the crime charged.
Noting that such was the second request for continuance, Gborie continued “prosecution says that this request is made in very good faith and it is in no way intended to delay this hearing, baffle justice and or circumvent the law.”
Resisting the application, the defense, represented by Tobey Raynes, said it is a total attempt by the state to continue violating the constitutional and statutory rights guaranteed by the laws and procedure in the jurisdiction of the court.
“To come again at today’s hearing and request a continuance is completely prejudicial to the interest of the defendant and in total violation of our laws,” he argued.
He continued: “Movant contends that what the state had not done in about a week’s time they will not do in a day’s time, and Msays that he had been buried in detention for more than five years by the state and has not been afforded the opportunity to be heard which situation only a determination of this motion can remedy.”
Thus, the defense requested the court to deny the prosecution second application for continuance and make a determination in line with the law and grant movant any and all further relief.
“However Judge Johannes Zlahn has granted prosecution second request for additional continuance in the motion to dismiss for October 9.2014.
Judge Zlahn said the case will continue on Thursday October 9, 2014 at 9:00am prompt and not 9:01, for argument in the motion to be dismiss. Failure of any side not to be present in court on Thursday October 9, at 9:00am as herein stated the court shall proceed to render its opinion in the case.
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