Monrovia – Criminal Court “A” has overturned a key evidentiary ruling by Magistrate Ben L. Barco of the Monrovia City Court in the ongoing assault case involving defendant Kindness Wilson.
By Willie Tokpah
The court has instructed that complainant Jumel Cox be granted two days to authenticate a video she claims shows Wilson committing assault, menacing, and disorderly conduct.
The ruling, issued Tuesday by Judge Roosevelt Z. Willie, came in response to summary proceedings filed by Cox after Magistrate Barco refused to admit the video into evidence during her testimony. The Magistrate had sustained a defense objection on the grounds that the video, which surfaced on social media, lacked a verified source.
In his ruling, Judge Willie said the Magistrate erred by not allowing Cox the opportunity to authenticate the video and held that fairness requires giving her a chance to meet the evidentiary burden.
He stated that the Magistrate should have allowed the Petitioner at most two days to bring the video recorder or photographer to court to testify. The Court cannot outrightly deny the playing and admission of the video since the Petitioner has the burden of proof.
Cox alleges that Wilson assaulted her during a confrontation that was captured in a video later shared online. When the case was first heard at the Monrovia City Court, the video was blocked from being played in court due to questions over its authenticity.
Following the ruling from Criminal Court “A,” Cox now has the opportunity to present the individual who filmed the video or provide other means of authenticating its source.
Cllr. Moriah Yeakula Korkpor, one of Cox’s lawyers representing the Ministry of Justice, declined to comment in detail, saying she does not speak on cases that are sub judice and added that the court’s records are public and speak for themselves.
Defense lawyers have taken exception to the ruling and are expected to explore further legal action, potentially appealing the decision.
Under Liberia’s 2016 Evidence Law, video recordings are admissible if their authenticity can be established through testimony or verification from the individual who recorded them. The ruling aligns with existing legal standards that emphasize fairness in the presentation of evidence.
