Criminal Court “A” Resident Circuit Judge Roosevelt Z. Willie has dismissed a petition seeking to suppress key evidence in the high-profile Capitol Building fire case, reaffirming an earlier ruling by Monrovia City Court Stipendiary Magistrate Ben L. Barco.
The case, Republic of Liberia v. Thomas Isaac Etheridge and Eric Susay, involves serious charges, including arson, criminal mischief, conspiracy, and attempted murder. The petitioners, representing the defendants, challenged the admissibility of evidence obtained from co-defendant Etheridge’s phone, arguing that the search and seizure warrant had been issued 23 days after his arrest, rendering it unlawful. They also contended that Etheridge had been denied legal representation during the investigation, violating his rights.
However, the prosecution, led by Cllr. Richard J. Scott, Sr., countered these claims, stating that Cllr. Jonathan Massaquoi had been legally appointed as defense counsel and had signed documents confirming his representation. The prosecution further noted that the defense had failed to challenge the evidence during the preliminary hearing and only raised objections during final arguments.
In his ruling, Judge Willie found that Magistrate Barco’s decision to deny the motion to suppress was legally sound. The court determined that the petitioners had forfeited their right to contest the evidence by not raising objections earlier in the proceedings.
“The Defendant/Petitioner sat supinely when the evidence was being produced and marked… and did not object until the final arguments were made,” the ruling stated. “Therefore, the Magistrate’s decision is affirmed and confirmed.”
With the decision, the court lifted its stay order on the case, allowing the lower court to proceed with final arguments and rulings. The petitioners have signaled their intent to appeal, citing their right to pursue further legal recourse.
The case has drawn significant public attention due to the severity of the charges and the procedural difficulties involved.
