By Dyujay Jackson*
The Monrovia City court Judge, Jomah Jallah has denied and Dismissed application made by prosecution to declared the Political Leader of the Alternative National Congress Alexander B. Cummings hostile .
The ANC political leader Mr. Cummings is a subpoena hostile witness in the ongoing trial of forgery and Criminal conspiracy.
Delivering his ruling Wednesday February 23,2022 the City Court magistrate Jallah said that it will be legally wrong and unfair to declare Mr. Cummings as a hostile witness when he has not demonstrate any Disregard and contradictory statement while on the witness stand During the trial.
He said that having listen to the submission made by prosecution and
The resistance by defence lawyers, its true that the law provides that the witness can be consider a hostile witness under setting condition as provided for under chapter 25.19 of our Criminal Procedure Law of Liberia if he demonstrates character and elements that constitute the Witness been hostile.
He said that section 25.19 of the Criminal Procedure Law of Liberia Provides that the credibility of witness maybe impeach by attacking His general character, by showing his formation of illegal crimes or by showing that he has contradicted himself earlier in and out of court.
He added that when there is an attempt to impeach the credibility Of a witness a formal statement may written evidence to show his Testimony.
Judge Jallah further indicated that except as to a hostile witness, or Otherwise provided by law the party will not impeach the credibility Of his own witness thought he may contradict himself at the testimony of other witness and documentary of other witness.
However, He says a party may request to declare his own witness hostile if his testimony is contrary to his earlier statement, making it Irresponsible, hostile, or show that he is basis against such party.
He noted that if the court grant such request, he may interrogate party witness as if they had been called as a witness to the other party.
It can be recalled that during the February 21, 2022 trial prosecution prayed the court to Declare Cummings subpoena witness hostile on grounds that the witness had demonstrated basics and has made contradictory statement irresponsible and hostile and therefore prosecution requested that
The said witness be interrogated and examine by prosecution as a Hostile witness railing on section 25.19 of the Criminal Procedure Law of Liberia.
Following the court ruling prosecutions produce it first witness in person of Theodore Momo the chairperson of the All Liberian Party who is also the complaint on stand.
During his cross examination the All Liberian Party chairman maintain that the framework document was alter by the ANC political leader Alexander Cummings.
Presented with copy of the framework document by prosecutions lawyers headed by Solicitor General Syrinus Cepheus he then identified and show portion or counts that where alter.
He vowed to subpoena the political leader senator Nyonblee Kanger Lawrence, Amb Joseph Boakai to testify in the ongoing proceedings.
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