The Supreme Court of Liberia has ordered to send a mandate to the Criminal Court “E” Judge, Serena F. Garlawolu, commanding her to preside therein to resume jurisdiction over the case and give effect to the judgement as they has grant the motion to admit to bail. Reading the mandate on behalf of the Supreme Court, Associate Justice Yussif D. Kaba, the fact in the case that the grand jury of Montserrado County, sitting in the August A. D. 2020, term of court, indicated the appellee James Kollie, for the crime of Statutory Rape. Associate Justice Kaba said the regular trial was had in the case and the trial jury sitting therein returned a hung verdict, in which seven (7) of the twelve (12) trial jurors voted not guilty and five (5) of the jurors voted guilty. Justice Kaba stated that appellee Kollie lawyer Cllr. Bestman D. Juah, Sr. relying on chapter 13, section 13.1 of the Criminal Procedure law, filed a motion praying the court to admit appellee Kollie to bail. He revealed that the Prosecution filed its resistance, relying on chapter 13, section 13.1 of the Criminal Procedure law. Justice Kaba noted that after hearing the application prosecution, the Criminal Court “E” Judge denied the appellee Kollie application. The Associate Justice narrated that being dissatisfied with the action of Judge Garlawolu, appellee Kollie lawyer Cllr. Juah flew to the chambers of the Supreme Court and filed a petition for a Writ of Certiorari. Justice Kaba stated that substantially appellee Kollie lawyer Cllr. Juah, argued in its Writ of Certiorari that “A person in custody for the commission of a capital offense shall, before conviction, be entitled as of right to be admitted to bail unless the proof is evident or the presumption great that he is guilty of the offense”. Chapter 13, section 13.1 of the Criminal Procedure law; that on the hearing of an application for admission to bail made before indictment by a person in custody for the commission of a capital offense, the burden of showing that the proof is evident or the presumption great is on the Republic the judge violated chapter 13, section 13.1 of the Criminal Procedure law when she denied appellee Kollie Motion to admit to bail after an arduous trial proceeding. Adding that where the empaneled jury returned from their room of deliberation with a hung verdict; that because the jury could not unanimously agree to convict defendant Kollie based on the evidence adduced during the trial. The same was sufficient enough to establish that proof is not evident and presumption is not great, thus defendant Kollie is entitled to bail as a matter of law. The Prosecution denial of the petitioner’s motion to admit to bail was a gross violation of his statutory rights after he had spent two (2) years seven (7) months in Monrovia Central Prison and that Judge Garlawolu violated the right of defendant Kollie to bail after seven (7) of the twelve members empaneled jurors found the evidence against him to be insufficient to convict him. The decision to deny the Prosecution motion to admit to bail constitutes a flagrant disregard for the rule of law and a reversible error for which a Writ of Certiorari will lie Wherefore and in view of the foregoing, the ruling of the Chamber Justice Yamie Quiqui Gbeisay, Sr. is affirmed. Justice Kaba pointed out that the alternative writ issued by appellee Kollie lawyer Cllr. Juah, is upheld and the peremptory writ is sustained. However, Justice Yamie Quiqui Gbeisay, Sr having decided this case while presiding in chamber, did not participate in the hearing and determination of this case, hence he did not sign the judgement.
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