By Garmah Lomoh|Contributor
Following his re-arrested on September 17,2020, the Second Judicial Circuit Court in Buchanan City, Grand Bassa County has sentenced convict James S.K. Dukpo to 7 year jail sentence for kidnapping a three (3) days old baby.
The incident occurred at the Liberia Agriculture Company in electoral district four Grand Bassa County on March 16 of this year.
Convict Dukpo was ordered release by the Chambers Justice Sie A-Nyene G. Yuoh on September 10,2020, following a writ of prohibition filed by Cllr. Alberts Sims who representing the convict Dukpo.
Convict Dukpo was sentenced in line with Chapter 51.1(3) of the penal code of the Republic of Liberia and Chapter and Chapter 14.50 of the Criminal procedure law of Liberia.
On September 10,2020, the Supreme Court Chambers Justice Sie A-Nyene G. Yuoh has ordered that the release of the convicted 3- Days old missing baby kidnapper James S.K . Dukpo but he was re-arrested on September 17,2020 and remainded at the Buchanan Central Prison after a conference hearing with the Judge of the second Judicial Circuit Court Joe S. Barkon and defend lawyer Cllr. Albert Sims.
The Chambers Justice after the conference hearing said the Judge of the second Judicial Circuit Court Joe S. Barkon was not any way in error with his ruling made into the matter on September 4,2020.
Convicted 3-Days old Kidnapper spent five days at the Buchanan Central Prison when he was released last Thursday on order of the Chambers Justice Sie A-Nyene G. Yuoh pending outcome of the conference hearing on today September 15,2020.
Justice Yuoh ordered the release of the convicted Kidnapper Dukpo following a writ of prohibition filed by the defend lawyer Cllr. Albert Sims.
In her order issued last Thursday reads by directive of her Honor SIE-A-NYENE G. Yuoh Associate Justice presiding in Chambers to Judge Joe S. Barkon of the second Judicial Circuit Court in Buchanan City, Grand Basaa County that he is hereby cited to a conference with Honor on Tuesday of September 15,2020.
Meanwhile, you are hereby ordered to return to status quo Ante have petitioner released on his bail and stay all further proceedings and actions in the matter of which the above captioned case grew pending outcome of the conference.
A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits.
After the court ruling on September 4,2020, Mother of a 3- Days old missing baby Marry Mary Barcon age 16 has threatened to file a law suit against the Liberia Agriculture Company (LAC) after 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.
In an exclusive interview with the missing baby mother, she the administration of LAC will be dragged 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 years 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.
On June 17, 2020 convict James S.K. Dukpo was arreigned 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 days 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
Meanwhile, the defense lawyer Cllr. Sim excepted to the ruling of the court and promised to take advantage of th
law controlling.
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