Earlier than expected, Judge Joe Barkon of the 2nd Judicial Circuit Court in Grand Bassa County has handed down his final ruling in the Sinoe murder case. Justice is done! But will this landmark case act as a deterrent?
For the answer, see tomorrow’s posting (September 9, 2019) (webmaster FVDK).
Featured photo by Sampson David
Published: September 6, 2019 By: Sampson David – The Bush Chicken
BUCHANAN, Grand Bassa – The Second Judicial Circuit Court has handed down its final ruling in the Sinoe gang rape and murder case, sentencing the seven defendants to 25 years in prison.
The ruling confirmed the guilty verdict rendered by the jury on August 30th against Moses Solo, Alex Karpeh, Sylvester Charty, Teah Gmanwle, Victor Solo, Tweh Kelgbeh, and Dennis Pyne Nimely.
The case stems from a December 12, 2018 incident where three women were stripped naked, paraded, and gang-raped in Johnny Town, Nomorpoe District, Sinoe. They were accused of witchcraft and one of the women, Willette Nyewallah, was murdered and buried secretly in a swamp in Johnny Town.
The defendants were charged with murder, gang rape, aggravated assault, criminal facilitation, and criminal conspiracy, and the case was transferred to the Second Judicial Circuit Court to avoid interference from powerful members of the traditional society.
The case began on August 13, with the defendants represented by a team of public defenders led by Grand Bassa’s public defender, Paul Jarvan.
Ten of the twelve jurors voted for a guilty verdict, while two abstained.
The head of the defense counsel, Jarvan, took exception to the jurors’ verdict, adding that he expected five of the seven persons who are not members of the traditional society to have been set free.
“The indictment said traditional people [were responsible for the murder], and the father of the deceased came and said only two persons up there [were members of the traditional society] – Alex Carpeh and Moses Solo,” he told journalists on Friday, August 30 at the court.
He filed a motion for retrial on September 2 and the argument took place on September 5, but Judge Joe Barkon denied the motion on grounds that the guilty verdict rendered by the jury against the seven defendants supports the weight of the evidence presented in court by the prosecution.
Barkon said a motion for a new trial may only be granted if the verdict is contrary to the weight of the evidence. He added that the jury did not only consider the statements of co-defendants Moses Solo and Alex Karpeh when making its decision.
The defense had also countered that the prosecution failed to produce a medical report confirming that the victims had been raped, but Judge Barkon said the testimonies provided by the two victims and corroborated by other testimonies point to the victims being raped.
“Wherefore and in view of the foregoing facts and circumstances and the laws applicable herein, it is the ruling of this court that the motion for new trial is hereby denied and the resistance thereof sustained,” Barkon said.
“This act of the defendants is wicked, grossly inhumane and dehumanizing, indifferent to human value, [cruel], uncivilized, barbaric.”
Barkon directed the court’s clerk to notify the superintendent of the Buchanan Central Prison of the court’s final judgment. However, the defense counsel decided to appeal to the Supreme Court, which will review the case in March 2020.
Meanwhile, prosecution lawyers took exception to the sentencing, noting that the period of 25 years was the bare minimum required by law.
After the sentencing, three of the defendants – Dennis Pyne Nimely, Victor Solo and Sylvester Charty – maintained their claims of innocence. They added that they are hopeful of being freed when the case appears at the Supreme Court.
Nimely said he is the only breadwinner for his family and his incarceration for 25 years for crimes that he did not commit would be a setback to his family.
“It is only by the grace of God they are currently surviving,” he said. “I don’t even know their situation now. They expected me to be free and go back home, but it is on the contrary.”
Last week, one of Liberia’s leading newspapers, the Daily Observer, published an enthusiastic article, lauding the judiciary system in Liberia, following the jury’s conclusion that 7 defendants in the Sinoe murder case (‘the Johnny Town Murder Trial’) were found guilty of murder, gang rape, aggravated assault, criminal conspiracy and criminal facilitation. The article focuses on harmful traditional practices in Liberia, such as Female Genital Mutilation (FGM), forcible initiation into secret societies, trial by ordeal (particularly the use of sassywood), accusations of witchcraft, and ritualistic killings. The authors conclude that the verdict rendered in the Johnny’s Town Case is a landmark example.
The article provides a useful summary of the case, its background and significance, and is therefore highly recommended. I fully agree with the main conclusion: “This landmark verdict has brought great relief to survivors and their families and set the right precedence that would possibly deter would-be perpetrators of harmful traditional practices in Liberia.” (webmaster FVDK).
Published: September 3, 2019 By: National Institute for Public Opinion (NIPO) and Foundation for Community Initiatives (FCI) – published by the Daily Observer
The Case
Late last year, three young Liberian women in Johnny Town, Kpayan District, Sinoe County, were accused by a group of community dwellers of kidnapping a three-month-old child for witchcraft rituals. Angeline Saydee, Florence Tarkleh and Willete Nyewallah were subjected to trial by ordeal and abused, tortured and gang raped. One of the women, Willete, was killed. Another was hospitalized and later discharged. Stories surrounding the third woman, who happens to be the mother of the missing child, are quite conflicting.
It is said that Willete, who was killed in this incident, was few months pregnant prior to her unfortunate death. All the accused women fervently denied involvement in witchcraft and in the disappearance of the child. These women experienced unimaginable abuse. They were stripped naked before public glare and paraded from one corner of the town to another; thereafter, they were taken into the bush and subjected to trial by ordeal and to other violent crimes. Before these young women were abducted, tortured and one killed, they were living peaceful lives with their families and loved ones.
The young men accused of these crimes allegedly committed these inhumane acts under the orders of some traditional leaders, including a female traditionalist who allegedly subjected the women to trial by ordeal.
Harmful Traditional Practices in Liberia
Trial by ordeal is a harmful traditional practice in which suspects are subjected to torture and other forms of inhumane or degrading treatment or punishment. The practice is usually done in extremely brutal manner and is intended to have suspects forcefully (and likely falsely) confessing guilt. The pain that comes with trial by ordeal is often raw and severe and can force people to confess guilt even if they were not the actual doers of the act for which ,they were accused. This practice has been outlawed by the Government of Liberia but it still persists.
An UNMIL and the United Nations Office of the High Commissioner for Human Rights assessment of Harmful Traditional Practices in Liberia found that some traditional and cultural practices common to many Liberian ethnic communities have a significantly negative impact on the enjoyment of fundamental human rights. These include FGM, forcible initiation into secret societies, trial by ordeal (particularly the use of sassywood), accusations of witchcraft, and ritualistic killings. The assessment found that “these practices have particularly affected certain groups such as women, children, elderly persons, persons with disabilities, as well as the poorest Liberians” ( UNMIL and OHCHR 2015-An Assessment of Human Rights Issues Emanating from Traditional Practices in Liberia p.2).
This high prevalence is fundamentally why we believe that all must be done to step up the fight against harmful traditional practices. A critical starting point was ensuring the rule of law with particular focus on increasing access to justice for women and girls. We submit here that the verdict rendered in the Johnny’s Town Case is a landmark example!
Civil Society Supports the Survivors
Immediately after these vicious crimes committed against Angeline Saydee, Florence Tarkleh and Willete Nyewallah came to light, the National Institute for Public Opinion (NIPO) coordinated county-level advocacy actions with the active involvement of the Sinoe County Women Platform and the Foundation for Community Initiatives (FCI). Soon after, the case captured national and international attention. The Ministry of Gender, Children and Social Protection got involved, as did some concerned Liberian women and women’s organizations.
At national level, advocacy actions were coordinated by the Women NGO Secretariat of Liberia (WONGOSOL) in close collaboration with NIPO and FCI. As part of these actions, the coalition presented its position statement to the National Legislature, calling on the Government of Liberia to provide reparation for survivors, relocate and resettle survivors and transfer the case to neutral location to avoid “local interference” or “manipulation”. Copies of this statement were presented to key embassies near Monrovia including the American and British Embassies. Subsequently, ten arrests were made and the case was transferred from the 3rd Judicial Circuit Court in Sinoe County to the 2nd Judicial Circuit Court in Grand Bassa County. The case was scheduled to be heard during the August Term of Court.
Trial Proceedings
The August Term of Court opened on August 12th, 2019 and the Johnny’s Town Murder Case was the first on the docket. Seven persons indicted for murder, gang rape, aggravated assault, criminal conspiracy and criminal facilitation faced a jury trial with fifteen jurors handing down the verdict. Initially, ten persons were arrested, indicted and taken to court in relation to this case. Three were nolleprosequoi, (the legal term for dropping charges against an accused for lack of evidence). Final arguments in the case were heard on Friday, August 30. Immediately thereafter, the jury unanimously handed down a guilty verdict against all seven indictees.
Sinoe County Women Platform
Prior to the opening of the August Term of Court, NIPO and FCI jointly sponsored ten members of the Sinoe County Women Platform to Grand Bassa County to continue advocacy actions and witness legal proceedings. The sponsorship covered the travel, accommodation and feeding of the ten-member team. They arrived in Grand Bassa County on the 10th of August and were met on arrival by NIPO and FCI. Advocacy in Grand Bassa was coordinated and executed alongside the Grand Bassa Women Development Association (BAWODA).
The women gathered before the 2nd Judicial Circuit Court holding placards with inscriptions such as “No Excuse for Abuse” and “They Deserve Justice”, and called for a speedy and fair trial. They were assured that there was no need for protest actions because the case was the first on the docket. This position was reinforced by the president of the Grand Bassa County Bar Association who spoke with the women and assured them that the Bar would do everything necessary to ensure that justice is served in a timely manner.
This case significantly helped the Platform to expand its network and amplify their voices at the regional level. Thanks to collaboration with the Grand Bassa Women Development Association (BAWODA). The women continuously recommitted themselves to continuing their advocacy until the case was brought to a logical end.
Lorraine G. Mennon is the chairperson for the Platform. She committed to providing leadership in planning, organizing and implementing continuous advocacy actions and coordinating activities of the Platform until perpetrators were brought to book. She described the unanimous guilty verdict as a magnificent precedence and prayed that the state takes similar action against other people indicted for harmful traditional practices and violence against women and girls across Liberia. Madam Mennon informed NIPO and FCI that they will keep the Platform proactive, indicating that smaller community awareness actions will be organized and implemented to inform local women and girls about the effects of harmful traditional practices, expand knowledge and information about the Platform and create linkages with towns and villages with the view of monitoring, documenting, reporting and advocating against these bad cultural practices.
NIPO’s Lawyer joined the Prosecution Team
On Monday, August 12th, NIPO’s lawyer, Atty. Freeman, joined the prosecution team and promised to put his legal and research expertise to the disposal of the government towards winning the case. He promised to play active role in the cross examination of defense witnesses but later restricted his role to liaising with and motivating state lawyers. He told NIPO that after examining all the pieces of evidence against the accused, proof was evident and presumption great for their conviction. Atty. Freeman was hired and is paid by NIPO’s access to justice project, funded by UNDP-Liberia through Oxfam.
Conclusion
The Johnny’s Town Trial was a landmark case involving harmful traditional practices which inflicted serious injuries on two of three young Liberian women. This inhumane and criminal act led to the gruesome death of one of the victims and the hospitalization of another. Due to sustained advocacy actions at both the county and national levels, ten arrests were made, the case transferred to a neutral location and the survivors relocated. Legal proceedings in the case began in this August Term of Court. NIPO, FCI, Sinoe Women’s Platform and other women’s groups including the Bassa Women Development Association (BAWODA), were very unwavering in supporting the survivors’ protection and access to justice in this case.
NIPO and FCI’s advocacy around this case was supported by Oxfam with funding from the Ministry of Foreign Affairs of the Netherlands. The project, called “Funding Leadership Opportunities for Women” or FLOW, has the goals of promoting women’s rights to be heard and to live free from violence. The FLOW Project has successfully run in Liberia since 2016.
The lawyer hired by NIPO to support the State’s case is paid by the UNDP through Oxfam. This project is called “Strengthening Access to Justice for Women and Girls in Sinoe and Grand Gedeh.”
Due process was necessary to rendering justice against harmful traditional practices, protecting women and girls from the dangers of the practice, punishing perpetrators for wrongful actions and finding redress for victims and survivors. This landmark verdict has brought great relief to survivors and their families and set the right precedence that would possibly deter would-be perpetrators of harmful traditional practices in Liberia.
Disclaimer: This article does not necessarily reflect the views of Oxfam, the Ministry of Foreign Affairs of the Netherlands, or the UNDP.
The article below – published by Liberia’s leading newspaper FrontPageAfrica – reports that on August 30, the Trial Jury of the Grand Bassa County Circuit Court unanimously found seven defendants guilty in the Sinoe murder case. This is not consistent with an earlier article, published by The Bush Chicken – another well known Liberian newspaper – which reported that 10 of the 12 jurors voted for a guilty verdict, while 2 abstained (see my September 2 posting).
Judge Joe Barkon of the 2nd Judicial Circuit Court in Grand Bassa County is to hand down final ruling in the Sinoe County murder case on Monday, September 9.
To be continued (webmaster FVDK).
A photo of the women who were claimed to be witches
Monrovia – Court sources at the 2nd Judicial Circuit Court in Grand Bassa County, have disclosed that Judge Joe Barkon is to hand down final ruling in the Sinoe County gang rape and murder case, on Monday, September 9.
The judge’s ruling will be followed by the sentencing of the seven defendants found guilty of murder and gang rape in
Trial Jury of the Grand Bassa County Circuit Court Friday, August 30, unanimously found the defendants guilty in the murder and gang-rape case.
This comes after more than two weeks of legal battle between government lawyers, led by Cllr. Wesseh Alphonsus Wesseh, Assistant Justice Minister for Litigation, and Defense lawyers, led by Cllr. Paul Philip Jarvan.
Judge Barkon reserved ruling into the case last Friday, August 30, in line with the law that provides for time in sentencing of Defendants who are found guilty.
The seven guilty defendants are Moses Solo, Ellis Karpeh, Sylvester Chardy, Swen Kelgbeh, Teah Gmanwolou, Victor Solo and Pyne Nyene. They will be sentenced for Murder, Gang Rape, aggravated Assault, Criminal Conspiracy and Facilitation.
The defendants were among 10 persons who were arrested by state security and indicted in Greenville City, Sinoe County in 2018 after they accused three ladies, Williete Nyenwlah, Angeline Saydee and Florence Tarklay, for being responsible for the disappearance of a four-year-old child in Johnny Town, Normorpoe District, Sinoe County on December 12, 2018.
The three women were stripped naked and paraded publicly in the town and then taken to the society bush where they were allegedly tortured and sexually abused with the men inserting sticks into their private parts resulting to the death of one them, Williete, who was buried secretly in a swampland.
The case was to be heard in Greenville Sinoe County but state prosecutors requested for a change of venue to the 2nd Judicial Circuit Court in Grand Bassa County based on what the prosecutors termed as due to local prejudice.
As the case was called for trial this August 2019 Term and before the reading of the indictment to the defendants, Cllr. Wesseh A. Wesseh, Assistant Justice Minister for Litigation, entered a plea of Nolle Prosequoi (free) in favor of three co-defendants, Anthony Karmon Marshall Gballa and Shelton Kelgbeh for lack of sufficient evidence to prosecute them while the rest of the defendants were arraigned and pleaded not guilty to the multiple charges.
During the trial, the state produced five general witnesses including the two survivors and three rebuttal witnesses.
While on the witness stand, two of the five co-defendants, Moses Solo and Alex Karpeh, described themselves as the “devil’s spokesperson” and the town crier of Jonny Town, respectively, though they denied the allegations but admitted been present and member of the country society that took custody of the victims.
The two co-defendants said the deceased died after she was questioned by the country devil, who shouted at her and she allegedly dropped dead after she was transformed into a dragon and that her left eye was removed and given to her father who according to the defendants turned her over to the society people or country devil.
However, the other five co-defendants denied been members of the secret society and that they were not in Johnny Town when the incident occurred and that they were arrested based on mistaken identity by the Liberia National Police.
Their testimonies prompted the state lawyers to introduce the father of the deceased as one of its three rebuttal witnesses who denied been the head of the Zoe people and that it was him who turned his daughter over to the country devil to be penalized for been a “witch.”
During the final legal argument, state lawyers argued that the defendants were under obligation to have brought in witnesses to prove their defense that they were arrested based on mistaken identity; but they miserably fail to do same while the Defense lawyer, Cllr. Paul Jarvan, counter argued that the state did not prove its allegation against the defendants.
The other defendants, who claimed that they were not in the town of the incident, did not produce witnesses to testify that they were not in the town when the incident occurred.
More news on the Sinoe murder case. My earlier postings on the murder case and trial of the ten defendants date from August 30 and August 31. However, newspaper articles are not consistent. The Bush Chicken reports ten defendants (see my August 30 posting) whereas FrontPageAfrica mentions nine defendants (see my August 31 posting). The FrontPageAfrica article does not mention the names of Dennis Pyne and Alex Karpeh (mentioned in The Bush Chicken article) whereas FP Africa mentions as one of the defendants a certain Shelton Kelgbeh whose name does not appear in The Bush Chicken article. Moreover names are not consistent (Sylvester Charty – The Bush Chicken – versus Sylvester T. Cherdy – FP Africa).
Be that as it may, the article below – originally published by The Bush Chicken – reports that a jury has found seven of the ten defendants guilty, including Moses Solo, Teah Gmawlue, Sylvester Charty, Dennis P. Pyne, Victor Solo, Tweh Kelgbeh, and Alex Karpeh. The prosecution had abandoned its case against Marshall Gbala, Anthony Karmoh, and Swen Pyne for lack of evidence.
An interesting fact is that Amos Nyewallah, the father of the murdered woman, Willette Nyewallah, was accused by one of the defendants of having ordered his daughter’s murder. Earlier during the trial, Moses Solo, one of the defendants, who acknowledged being a member of the traditional society which is allegedly involved, testified and accused Amos Nyewallah of being the acting traditional chairman of the district (Nomorpoe District, in Sinoe County, where Johnny Town – the ‘crime scene’ – is located). Moses Solo also accused Amos Nyewallah of having ordered his daughter’s murder (see my August 30 posting). Amos Nyewallah denied the accusation. He acknowledged being a member of the traditional society, but said he held no position in it and warned that Solo’s statements could damage his reputation. What emerges from Solo’s accusation and Nyewallah’s denial is that the traditional society somehow played a role in the murder of Willette Nyewallah.
One of these days, judge Joe Barkon is expected to provide the final ruling, which will include the sentence the men who have been found guilty will face.
To be continued (webmaster FVDK).
Featured photo by Sampson David
Published: August 31, 2019 By: Sampson David – The Bush Chicken
BUCHANAN, Grand Bassa – A jury has found seven of the ten defendants guilty in the ongoing Sinoe murder and gang-rape case.
The case is being tried at the Second Judicial Circuit Court in Buchanan. The seven persons found guilty on August 30 include Moses Solo, Teah Gmawlue, Sylvester Charty, Dennis P. Pyne, Victor Solo, Tweh Kelgbeh, and Alex Karpeh.
Prior to the case, the prosecution, led by assistant justice minister for litigation Wesseh Alphonsus Wesseh, abandoned its case against three of the co-defendants because of a lack of sufficient evidence. Those co-defendants were Marshall Gbala, Anthony Karmoh, and Swen Pyne.
The rest of the defendants pleaded not guilty to the multiple indictments.
The case stems from a December 12, 2018 incident where three women were stripped naked, paraded, and gang-raped in Johnny Town, Nomorpoe District, Sinoe. They were accused of witchcraft and one of the women, Willette Nyewallah, was murdered and buried secretly in a swamp in Johnny Town.
The defendants were charged with murder, gang rape, aggravated assault, criminal facilitation, and criminal conspiracy and the case was transferred to the Second Judicial Circuit Court to avoid interference from powerful members of the traditional society.
The case began on August 13, with the defendants represented by a team of public defenders led by Grand Bassa’s public defender, Paul Jarvan.
The final argument of the case between the prosecution and defense lawyers was held on August 30, with several women and human rights groups, as well as family members and residents of Sinoe and Grand Bassa in attendance.
After close to two hours of arguments presented by lawyers from both sides, the jurors were charged by Judge Joe Barkon to come up with a fair and transparent verdict based on the arguments, testimonies, and evidence provided.
Of the 15 jurors, 3 were told to remain in the court as alternative jurors while 12 went into a room to deliberate.
Upon their return, 10 of the 12 jurors voted for a guilty verdict, while 2 abstained.
The head of the defense counsel, Jarvan, took exception to the jurors’ verdict, adding that he expected five of the seven persons who are not members of the traditional society to have been set free.
“The indictment said traditional people and the father of the deceased came and said only two persons up there, Alex Carpeh and Moses Solo, are members of the traditional society,” he said.
“In keeping with our practice, whenever a verdict is handed down, once the defense is dissatisfied with that verdict, it is the right of the defense to except to that verdict,” Jarvan added. “In short, what we are saying is that we are not satisfied because we provided our laws, we argued and prepared our memorandum and all the laws that we rely on they are all our legal memorandum.”
Jarvan said the defense counsel will file in a motion for a new trial and if denied, they will take exception to the final judgment.
He added that if the final judgment comes against his clients, he may appeal to the Supreme Court.
Jarvan can file a motion for retrial within five days, which could be denied by the judge.
Next week, the judge is expected to provide the final ruling, which will indicate the likely sentence the men may face.
