Counselor Tiawan S. Gongloe, the lawyer representing civil society activist Vandalark Patricks, has file a motion to dismiss the indictment against the defendant ,charged with sedition and criminal libel.
In the motion,the movant stated that the criminal procedure law provides that the defendant has a right to move for dismissal of an indictment where there exists any defense of objection which is capable of determination without trial such as the lack of legal foundation to support an indictment.
It can be recalled Patricks was arrested and indicted by the Grand Jury of Montserrado County last month.
The 11-count indictment said on February 21 defendant Patricks held a press conference at which he accused the regime of President Ellen Johnson Sirleaf of being a strong proponent for lethal political violence against her political opponents to maintain state power.
The motion filed March 17 at the Criminal Court “C” at the Temple of Justice in Monrovia said the movant is a citizen of Liberia and is entitled as matter of right to certain inherent and inalienable rights, guaranteed by the Constitution which rights cannot be taken away, suspended or curtailed except in a manner provided by the Constitution of Liberia.
Cllr. Gongloe indicated that the Constitution protects citizens’ rights to freedom of thought, to hold opinion and free expression and that these rights can only be limited in a manner provided by the Constitution.