MONROVIA — The Justice in Chambers of the Supreme Court of Liberia has declined to issue a Writ of Certiorari sought by the Government of Liberia in the high-profile rape and kidnapping case against defendant Peter Bon Jallah, effectively allowing Criminal Court 'E' to proceed with the trial.
The petition, filed by the Republic of Liberia through the Ministry of Justice, sought Supreme Court intervention to review and reverse a decision by Criminal Court 'E' Assigned Judge Golda Bonah-Elliott, who had denied the prosecution's Motion for Change of Venue and a subsequent Motion to Vacate and Set Aside that ruling.
The prosecution argued that the case had received extraordinary publicity through radio broadcasts, online publications and social media, creating an atmosphere that could compromise the right of both the defendant and the victim to a fair and impartial trial in Montserrado County.
According to the petition, the prosecution relied on an affidavit from the minor victim's biological mother and custodian, Sattarus S. Kennedy, alleging that widespread public commentary, perceived threats, intimidation and unwanted approaches toward the minor victim could influence testimony and undermine the integrity of the proceedings.
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State lawyers further contended that local publicity and community pressure posed challenges to selecting an impartial jury and requested that the trial be transferred to another jurisdiction under Liberia's Criminal Procedure Law. The petition also asserted that Judge Bonah-Elliott's refusal to grant the change of venue constituted an abuse of judicial discretion, and that certiorari was the appropriate supervisory remedy because the alleged prejudice could not be adequately corrected after a final judgment.
After reviewing the petition, the Justice in Chambers declined to issue the alternative Writ of Certiorari, finding no sufficient basis to halt the proceedings in the lower court. The Chamber Justice ordered that Criminal Court 'E' resume jurisdiction over the case, permitting the trial to continue before Judge Bonah-Elliott.
The ruling represents a significant procedural victory for the trial court, leaving intact the lower court's rulings denying both the prosecution's request for a change of venue and its motion seeking reconsideration of that decision.
Jallah is charged with statutory rape, gang rape and kidnapping. The case is expected to resume before Criminal Court 'E' in accordance with the Justice in Chambers' directive, clearing the way for the prosecution and defense to proceed with the presentation of evidence and witness testimony.
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