By Danesius Marteh
Criminal Court ‘B’ has ordered the release of several Chinese nationals arrested by the Liberia National Police on allegation of being in possession of over US$1.3 million counterfeits.
It followed a writ of Habeas Corpus filed by Atty. Joseph Howe and Cllr. James Kumeh.
Police Inspector-General Gregory Coleman told a press briefing at the Ministry of Information on Thursday that the Liberia National Police (LNP) arrested 67 foreigners, mostly Chinese, in possession of the counterfeits in Paynesville.
Coleman also disclosed that more than 200 mobile phones and more than 50 computers and internet connectivity were also seized.
But assigned circuit Judge Paye Suah has commanded the government, through the Ministry of Justice and LNP, to produce the living bodies of Xing, Guodung, Wu, Liqing, Liu, Yao, Zhou, Guohui, Zho Geng, Zhao Geng, Gao, Yangong, Chen, Minjie, Wang, Zhihong, Wuo Luhuan et all together with their belongings.
Paye has also ordered that the named petitioners should be immediately released from further custody (detention) along with their personal belongings and be turned over to the sheriff.
According to the writ signed by clerk of court Varney Dafuwah, the petitioners are to appear in court on Friday, October 9 at 10:00AM, along with all concern parties, to proceed with the petition filed by Atty. Howe and Cllr. Kumeh against the government in keeping with article 21 (F) of the constitution and Civil Procedure Law of sub-chapter D, chapter 16.52.
Coleman risks contempt of court if the petitioners aren’t released to the sheriff in keeping with Paye’s mandate.
What is Habeas Corpus?
It is a legal procedure that allows a person, who is detained or imprisoned by the government to challenge the legality of their confinement in court.
What does the constitution say about it?
Article 21(f) says “every person arrested or detained shall be formally charged and presented before a court of competent jurisdiction within forty-eight (48) hours. Should the court determine the existence of a prima facie case against the accused, it shall issue a formal writ of arrest setting out the charge or charges and shall provide for a speedy trial. There shall be no preventive detention.”
And article 21(g) says “the right to the writ of habeas corpus, being essential to the protection of human rights, shall be guaranteed at all times, and any person arrested or detained and not presented to court within the period specified may in consequence exercise this right.”
So it is within this constitutional dictates that Atty. Howe and Cllr. Kumeh are seeking judicial interpretation and liberation for the petitioners.
