Article 21 (i) of the 1986 Liberian constitution states that “All accused persons shall be bailable upon their personal recognizance or by sufficient sureties, depending upon the gravity of the charge, unless charged for capital offenses or grave offenses as defined by low.”
However, the judge of the 7th Judicial Circuit Court in Grand Gedeh County, Sikajipo A. Wollor has ignored said constitutional provision by granting Sampson Pennue, a relative of Grand Gedeh County Senator Zoe Emmanuel Pennue,who was charged by the same Court for murdering Grand Gedeh County Police Commissioner Alexander Saye.
The action of Judge Wollor has raised serious eyebrows, he maintained that his action is backed by the laws of Liberia.
The government through Solicitor General Cllr. Symah Cyrenius Cephas told Spoon FM recently that they contested the Judge decision at the Supreme Court of Liberia and the Judge was asked to rescind his decision but refused. Sources close to the matter however told LPR that the Justice in Chambers ruled in favor of the Judge.
Records form the 7th Judicial Circuit Court in Grand Gedeh County indicates that government prosecuting team asked Judge Wollor to release Mr. Pannue on bond.
According to the court record, Judge Wollor during one of his hearings of the case on Wednesday, August 25, 2021, is quoted as saying; “the court, he whose comes with equity must come with clean hands”.
“Court says that during the February term of court 2021, eminently after the receipt of my assignment for midterm of court 2021, Counsels in this court, Attorneys Isaac Williams and Joseph G, Suah both County attorney for the 7th judicial Circuit Court in Grand Gedeh County visited my house in Margibi. The purpose of their visitation was to put the defended on bond and my answer to them was, before I placed the defendant on bond, that charge must me change to manslaughter.
And upon the resumption of the midterm of court both the public defenders county Attorney emeritus Cllr. Adolphus Karnue assembled in my chambers that I should place the defendant on bond. When I went through the resistant of Adolphus Kanuah, especially so count three of that resistant made reference to court file. My question to Cllr. Kanuah was, you want for Sampson to be placed on bond and in count three you made reference to the court file it was Cllr. Morias Willie who told Cllr. Kanuah that since you want Sampson to be placed on bond, delete the portion that made reference to the court file. Because of the deletation of count three in the resistant that made reference to the case file, hence Mr. Sampson Pennue was release on bond.”
Clarifying earlier Monday morning August 30, 2021, on OK FM Morning Rush, Judge Sikajipo A. Wollor did not confirmed neither denied whether he release suspect Pannue on bond based on the request from government lawyers but noted that he got the power to release anybody citing chapter 13 section 13.1 and 13.5 of the criminal procedure law as his reliance.
Chapter 13 section 13.1 states 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. 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 that he is guilty of the offense is on the Republic. After indictment for such an offense, the burden is on the defendant to shown that the proof is not evident or the presumption not great.
After conviction for a capital offense, no person shall be continued at large on bail or be admitted to bail except in accordance with the provisions of paragraph 3 of this section while Chapter 13 section 13.5 states that when from all the circumstances the court is of the opinion that the defendant will appear as required either before or after conviction without giving bail, he may be released without security upon such conditions as may be prescribed to insure his appearance. These conditions may include parole to the custody of a member of the family or other person exercising moral influence over the defendant, or the requirement that the defendant report periodically to a probation officer of the judicial circuit.
Cllr. Karnue denied Judge Wollor court record
Reacting to the claim Cllr. J Adolphus D. Karnue termed the judge comment as preposterous and a lie.
Cllr. Kanuah indicated he was in Grand Gedeh in November 2020 when he draw up the indictment against Mr. Pennue.
According to him, in February this year, he was called by the Grand Gedeh County Attorney Isaac Williams to go and argue a motion to admit Sampson Pennue to a bail which was filed by the defense legal team.
Cllr. Karnue noted that defense submitted her first motion to admit Pennue to bail which was withdrawn and amended indicating that it was the amended version they had gone to argue.
He asserted that after argument Judge Sikajipo A. Wollor admitted suspect Sampson Pennue to bail on grounds that presumption was not great and proof was not evident.
Cllr. Karnue noted that haven’t admitted Mr. Pennue to bail Judge Wollor could no longer be trusted to preside over the case and the request by the prosecution for him to recuse himself was prudent.
He mentioned that judge Wollor did not raised any of the issues outline in what he called purported court record when they appeared before the Justice in Chambers at the Supreme Court of Liberia to contest his decision to release suspect Pennue on bail, describing judge Wollor as a man noted for doing many wrong things within the judiciary.
The judge is compromised
Weighing in on the matter Liberian Lawyer Cllr. Lafayette Gould described the judge as comprised person who needs to recuse himself from the case.
Cllr. Gould said, the fact that the judge have admitted meeting with prosecution lawyers to release Pennue on bond is a sufficient reason for him not to make any further determination on the matter.
According to Cllr. Gould if the judge could asked the prosecution to reduce the charge from murder to manslaughter to allow him released Mr. Pannue on bond means that he is already conflicted and lacks the moral rectitude to preside over such case.
He noted that the judge was legally, judicially and morally wrong to say he has the power to release anybody without backing of the relevant laws.
According to Cllr. Gould, Chapter 13 section 13.1 which is Judge Wollor reliance was screwed out of the 1847 constitution which section 20 states that all prisoners shall be bailable by sufficient sureties unless for capital offense when the proof is evident or presumption great and privilege and benefit of the writ of habeas corpus shall be enjoy in this republic.
Gould mentioned that the framers of the 1986 constitution address the issue of bail and made it clear in article 21d (i) that offense like the Alexander Saye murder case is a none bailable offense noting that the judge err by releasing Sampson on bond.
He asserted the article 21d (i) of the 1986 constitution has render chapter 13 section 13.1 of the criminal procedure law irrelevant as it relates releasing people charge with capital offense.
History of the case
The lifeless body of Grand Gedeh County Police Commander Alexander Saye, who was also the Regional Commender of the Police Support Unit (PSU) of the Liberia National Police (LNP) was found on Friday, November 27, 2020 at 7PM in the County. It was discovered with bullet wounds.
He served the LNP for over 14 years as a tactically trained and disciplined riot control and senior commanding officer who served the Police Support Unit (PSU), the Emergency Response Unit (ERU) and the Patrol Division of the Liberia National Police.
In December 2020, Police in Grand Gedeh County officially charged the Regional Commander of the National Security Agency (NSA) for Grand Gedeh County, Sampson Penue for allegedly killing the Deputy Commissioner of Police, Alexander Saye. Police spokesman Moses Carter said at that time that police investigation conducted shows that Commander Pennue allegedly pulled his firearm at the victim, but the police did not establish why a live round was pulled at Saye, who also allegedly discharged his firearm.
The “activities”
Quoting eyewitnesses in a statement posted on his official Facebook page, Dao R. Freeman, former Training Commandant, Liberia National Police Training Academy, disclosed that on November 27 at about 5pm, Alexander Saye was sitting with friends on first step Street, Zwedru, Grand Gedeh County when one of his friends identified as one Nyonwin Deswah was celebrating her pre-birthday with others, including the victim.
The report divulged that while merrymaking, few of Saye friends, including suspect Sampson Pennue, one Rennie Scott agent of the Executive Protection Service(EPS), and one Joe also of the EPS, allegedly told the victim to go with them to “Batelgerm”, a gold mining area one hour drive away from Zwedru.
“They told him to go with his weapon apparently they noticed he never had. All four of them had pistols. So he went for his weapon home and came back. While they were about to leave, Nyonwin Deswah told Alex that it is too late for him to go in that bush but his friends said they were going to come back quick. The girls insisted to go along but they managed to convince them and left LRD 10,000 with them so they can be drinking”, the report maintained.
The report continued: “They left with two cars; A white pickup and a Toyota Land cruiser Jeep. Alex sat in the front seat of the Jeep while Sampson Pennue sat at the back with the driver and the other guys were in the pickup.
They left around 5:30 pm. As soon as they reached, they all disembark their vehicles and spread themselves. Sampson Pennue and Alex were parallel but a small distance. The rest were in front of Alex. They heard gun sounds and turned around and saw Alex crying Sampson you killed me oh…, Sampson you killed me oh at the same time bleeding”.
The report maintained that the victim’s shirt was soaked with blood and a lady came with a lappa and they tired the wound and put him at the back of the pickup.
“None of his friends sat with him at the back of the pickup. He wasn’t dead at that time but fighting life at the pickup butt. A fellow from the gold mine sat with him and they rushed him to a local clinic in (Zaryee Town). When they arrived, Miatta Zakpa the head nurse asked what happened to him but no one could tell her anything. She said what she noticed three of the men who brought him went behind the clinic and were secretly discussing”.
The report indicated that when the three unidentified men came back from discussing, the nurse reportedly told them that the man was already dead.
They still didn’t tell the nurses what happened until they took his body at the hospital in Zwedru. His shirt got missing from the hospital. The crime scene was destroyed by using shovel to remove his blood that was wasted. Sampson Pennue went home with his weapon to clear or change the magazine and came back later. Alex phones and keys were given to the superintendent instead of the police Commander,” the report concluded.
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