Monrovia-Defense Lawyers, representing Thomas Isaac Etheridge and Eric Susay, have filed a petition seeking the intervention of the Supreme Court of Liberia in their ongoing criminal case, challenging the rulings of lower courts in an arson and conspiracy case.
By Willie N. Tokpah, [email protected]
The Petitioners are requesting that the court issue a writ of certiorari, compelling the lower court to set aside a decision that they claim is legally unfounded.
The case stems from accusations that the Petitioners were involved in the arson of the Capitol Building and other serious criminal activities, including criminal mischief, criminal conspiracy, and criminal solicitation.
The charges, which carry serious penalties, involve the alleged theft of over USD 1.8 million.
In the petition, the Defendants argue that their rights have been violated throughout the investigative and judicial process.
They claim that their arrests were accompanied by violations of their constitutional rights, including illegal detention, torture, and unlawful search and seizure of evidence. Specifically, the Petitioners challenge the seizure of mobile phones, including one belonging to Mr. Etheridge, which they allege was accessed without a proper search warrant and in violation of their privacy rights.
According to the petitioners, evidence obtained from Etheridge’s phone was presented in court without the necessary legal authority, and they claim this was a key factor in their coerced confessions.
They further contend that their constitutional rights, including the right to legal representation and protection from self-incrimination, were violated during their interrogations.
The Petitioners argue that these actions led to the extraction of involuntary confessions.
The motion filed by the Petitioners was rejected by the 2nd Respondent Magistrate, His Honor Ben Barco, who ruled that the motion to suppress evidence was filed too late.
This decision was upheld by the 1st Respondent Judge, His Honor Roosevelt Willie, leading the Petitioners to seek intervention from the Supreme Court.
The case could have key implications for the protection of constitutional rights in Liberia, especially in cases involving law enforcement’s handling of evidence and the treatment of suspects during criminal investigations.
The Petitioners are calling for the suppression of the illegally obtained evidence and the return of their property.
