The Presiding Judge of Criminal Court “C” at the Temple of Justice in Monrovia, Peter W. Gbenewelleh, has released from further detention two defendants due to prosecution lawyers’ failure to indict them.
They allegedly committed theft of property, forgery and criminal facilitation.
Police arrested Kevin B. Saving and Ricks B. Wilson on April 2, 2013 and turned them over to the Monrovia City Court which, in turn, incarcerated them at the Monrovia Central Prison where they have since been without prosecution.
Judge Gbenewelleh’s action was prompted by a defense motion to dismiss the charges based on prosecution’s failure to proceed with an indictment.
In the final ruling Wednesday, Judge Gbenewelleh said the defendants were arrested and arraigned before court on April 2, 2013, adding that they have not been indicted after two years of several terms of court, contrary to the criminal procedure law.
Earlier, prosecution argued and requested the court to deny defense motion in its entirety since prosecution is already in the process of taking the matter to the grand jury and having the defendants indicted for August Term under the jurisdiction of Criminal Court “C “.
However, the judge noted that there is no legal justification for prosecution to indict the defendants after several terms of court.