The ongoing Capitol Building arson attack case at the Temple of Justice took a dramatic and unexpected twist on Tuesday, when the defense lawyers asked the Criminal Court A to strike down a “Call Log” evidence which the state is heavily relying on to prosecute the case.
The phone conversations contained in the call log reportedly link the defendants, including former Speaker, Cllr Fonati Koffa, and thirteen including three sitting lawmakers, to the December 18, 2024, inferno tore through the Capitol Building causing substantial damages.
Defense lawyers claimed that the National Security Agency (NSA), which obtained the call log, is not clothed with the authorities to monitor the phone calls and e-mails of defendants without warrants is unconstitutional and they must not be allowed to answer to it.
Usually, it is the telephone companies that can store the data and share it with the government in response to court-approved orders.
The prosecution had just turned over more than pages of documents related to its own arson investigations that the defense legal team had earlier subpoenaed.
The defendants were indicted for multiple offences, including criminal attempt to commit murder, criminal mischief, criminal conspiracy, criminal facilitation, criminal solicitation, release of destructive forces, reckless burning or exploding, and reckless endangerment. Prosecutors allege that the December 18 blaze was not an accident, but the result of a carefully orchestrated plan devised the night before by Koffa and his associates.
These relate to mobile phone and email communications between alleged conspirators, which include Montserrado County Representatives Dixon W. Seboe (District #16) and Abu B. Kamara (District #15), as well as Grand Gedeh County Representative Jacob C. Deebie (District #3). The remaining defendants are: Kivi Bah, alias Kaba; Jerry Pokah, alias Tyrese; Stephen M. Broh; John Nyanti; Amos Koffa; Eric Susay; Thomas Isaac Etheridge; Patience Bestman; Harrilyn Grace Johnson; and Christian Kofa.
The mobile telephone calls and emails which were said to have been intercepted by the police are grounds for the case.
According to a court files, some members of the group obtained gasoline and other incendiary materials late on December 17. In the early hours of the following day, they allegedly carried out the attack on the Capitol, setting fire to the joint chambers, cutting electrical and electronic wiring, and destroying furniture. Damages are estimated at US$3.78 million.
The prosecution’s case is bolstered by audio recordings said to capture the conspirators discussing their intentions. In one recording, co-defendant Eric Susay is heard telling Thomas Isaac Etheridge that “you and your co-defendants were in readiness to receive gasoline to commence the arson attack on the Capitol Building.
These are the evidence that the defense lawyers are asking the court to reject, although Judge Roosevelt Willie reserved ruling in the matter.
It all started, during Tuesday’s hearing, when the defense lawyers argued that the evidence related to the collection and analysis by the National Security Agency (NSA) of telephone conversations of the, after holding them in its detention, which they claim is a clear violation.
The defense alleges that all of the evidence used by the prosecution was illegally obtained by the National Security Agency.
According to the defense, the evidence lacks a proper chain of custody, including the date, place, and time. They further claimed that the NSA, which led the investigation, unlawfully obtained the evidence while the defendants were in custody.
They also argued that their clients were tortured and sexually assaulted while being handcuffed by the NSA with the intent to extract confessions or information.
However, the prosecution strongly opposed the motion, urging the court to deny the defense’s application and allow the trial to proceed. The case itself turned dramatic, when one of the defendants stood up, removed his prison-issued orange jumpsuit, and turned his back to the court, alleging he had been tortured. Another defendant showed visible injuries on his hands, similarly, claiming abuse.
The National Security Agency (NSA) is the national intelligence and counterintelligence agency responsible for gathering, processing, and analyzing national security information for the President and decision-makers in Liberia.
Its mission includes global monitoring and protecting Liberia’s communications and information systems, with a focus on ensuring national security through its intelligence and security functions.
In a related development, Judge Willie has ordered the Ministry of Justice to immediately transfer several co-defendants from Kakata Central Prison back to Monrovia Central Prison. The order followed a defense application objecting to the defendants’ relocation.
Judge Willie questioned the rationale behind the relocation, stressing that such a move could impede the defendants’ constitutional right to a fair and speedy trial, particularly their ability to interact with their legal counsel.
However, the defense lawyers allege that the prosecution team is using illegal means to extract evidence from Amos Koffa and the other co-defendants who were transported to Kakata Central Prison.
