The 8th Judicial Circuit Court in Sanniquellie, Nimba County has set free a 19 years old lady Jamesetta Bendu Tour, who was accused of throwing her 22-month-old baby into the St. John River.
According to reports, the court took the action because the state prosecutor failed to pursue the case, after two successive terms of Court.
Defendant Jamesetta was set free from prison based on a motion filed by the Public defenders headed by Cllr. Tarlue Waylee, in line with the Criminal procedure law of Liberia, Chapter 18, Section 18.2.
“It states that: Unless good cause is shown, a court shall dismiss a complaint against a defendant who is not indicted by the end of the next succeeding term after his arrest for an indictable offense or his appearance in court in response to a summons or notice to appear charging him with such an offense.
Unless good cause is shown, a court shall dismiss an indictment if the defendant is not tried during the next succeeding term after the finding of the indictment. A court shall dismiss a complaint charging a defendant with an offense triable by a magistrate or justice of the peace if trial is not commenced within fifteen days after the arrest of the defendant or his appearance in court in response to a summons or notice to appear. A motion to dismiss charges against the defendant was resisted by state lawyers, but it was later denied by court”.
Defendant Tour was charged with negligence homicide but since her arrest, she has never appeared in court.
This means, she spent ten months in prison without being tried, prompting the defense Counsels to file a motion for dismissal of the matter.
Nimba County’s Public Defender, Tarlue Waylee said the penalty for negligence homicide is six months and that the defendant had already spent more than six months in prison, meaning she has served her penalty whether guilty or not.
She was freed along with two other defendants on July 15, 2020.
In September last year, Jamesetta Bendu Tour of Duo Town, Zahn Chiefdom allegedly threw her 22- month-old baby into the St. John River.
According to reports, the young woman was put out of the home by her step mother, identified as Victoria Konah Tour. That action was then approved by her father, because she was disobedient.
Miss Tour on Monday September 25, 2019 admitted that she did throw her child into the River, because she was put out by her parents.
But she later contradicted her earlier statement by saying, while she was washing near the river; the baby fell from her back into the St. John River, something she never meant to do.
Credit: AY News and Intellectual Forum