By Garmah Lomoh|LPR News, Monrovia
Mother of a 3- Days old missing baby Mother Mary Barcon age 16, has threatened to file a lawsuit against the Liberia Agriculture Company (LAC) after court ruled in her favor and found defendant James S. K. Dukpo guilty of the crime of kidnapping.
The missing baby mother said despite the second Judicial Circuit Court Judge ruling in her favor, she still unhappy of baby gotten missing at a company like LAC whose facility is in fence and been guided by security.
Missing baby mother told Liberia Public Radio that she will drag the administration of LAC will be to court as soon as possible for their negligence.
On Friday September 4,2020, the second Judicial Circuit Court presided by it’s resident Judge Joe S. Barkon hand down a guilty verdict against convict Dukpo for the crime of kidnapping.
The case which commenced on June 17 to September 4,2020, has finally ended with the convict been found guilty and incarcerated at the Buchanan Central prison awaiting sentencing.
The Court ruled that Rachel David whom the child was left with to take care when the missing baby went to take bath testimony was a direct evidence and not circumstantial because it is based on her personal knowledge or observation of the situation accounting for the child being allegedly taken away by the defendant James S. K. Dukpo and her testimony is not presumed neither inferred.
In order to determine the legal issue of the case, a question whether or not prosecution proved their case beyond a reasonable doubt of the crime of kidnapping as charged Against the defendant in the indictment was been raised.
In answering the said question, the court said the Criminal procedure law of Liberia title 2 of the ILCLR Chapter 2, section 2.1 says that a defendant in a Criminal action is presumed innocent until the contrary is proved; and in the case of a reasonable doubt whether his guilt is satisfactorily shown, he is entitled to acquittal.
Chapter 14, section 14.50(1) defined kidnapping if he or she unlawfully removed another person from a place of residence or business, or a substantial distance from the vicinity or if he or she unlawfully confines another for a substantial period in a place of location for the purpose to hold in a condition of involuntary servitude or to inflict bodily injury on or terrorize the victim among others.
The 58 -year-old convict is an employee of LAC and works at cleaner whom during his testimony said he was assigned on the general and operation walls of the hospital on the day of the incident on March 16,2020.
Judge Barkon added that from the facts and circumstances as narrated by defense witnesses which showed that those testimonies have not in any way proved or supported the defense of alibi being invoked by the convict James S. K. Dukpo that he was not at the Emergency Room at the time the crime was committed.
The second Judicial Circuit Court Judge maintained that to prove Alibi, the convict was under obligation to provide convincing evidence before the jury de facto after state lawyers provided their evidence linking him to the commission of the crime or he could brought his supervisor who supervise them or the environmental technician who does the inspection of the cleaners.
Alibi is define as an effective defense in a Criminal case because of it’s character of proving the physical impossibility of a person being in more that one place at the same time.
The court said prosecution this case proved its case beyond all reasonable doubt linking the defendant to the commission of the crime of kidnapping for which the convict was under obligation to prove his alibi convincingly before the court to prove his impossibility as well as the impossibility of him at the place where the crime was committed at the same time be in the operation room (OR) and general walls something he didn’t do therefore his defense for alibi is not convincing of and it crumbles.
On June 17, 2020 convict James S.K. Dukpo was arraigned in open court and pleaded not guilty to his crime of kidnapping thereby joining issue with the state.
During the proceedings of the case state lawyers produced seven general witnesses and three rebuttal witnesses while the defense produced six witnesses.
Convict Dukpo waved jury trial and agreed to beach trial.
It can be recalled on March 16,2020, a three day old baby went missing at LAC hospital after the missing baby mother gave birth at Zondo mission clinic on March 13,2020, but she was transferred to LAC hospital based on medical complications from the local clinic in the area.
Convict Dukpo was wearing jeans trosure, white t-shirt, nose mask and hand gloves on March 16th 2020 walked in the emergency room and took the three days old baby and up to date the three days old baby location is unknown.
After the baby went missing residents of Zondo mission troops at the LAC hospital facility demanding the living body of the child and also in March of 2019, an employee of LAC who was admitted at the same hospital also went missing and was later discovered after some weeks.
Wherefore and in view of the foregoing facts and circumstances and the laws application herein above, it is the final judgement of this court that the convict James S.K. Dukpo is guilty of the crime of kidnapping and his Criminal appearance bond is hereby set aside and clerk is ordered to have the convict incarcerated pending sentencing.
The probation section of this court to conduct a presence survey of the convict’s character and report same within five days for the sentencing of the convict consistent with their law and practice.
The state was represented by Cllr. Samuel S. Jacob and others prosecuting attorney while the convict was being represented by Cllr. Albert Sim and other.
Meanwhile, the defense lawyer Cllr. Sim excepted to the ruling of the court and promised to take advantage of the law controlling.
