Monrovia-The Monrovia City Court Stipendiary Magistrate Ben Barco, has rescinded his earlier ruling that dismissed assault charges against Miss Liberia 1st Runner-Up, Kindness Wilson, effectively reinstating the case after prosecutors challenged his previous decision.
By Willie N. Tokpah
The reversal followed a motion filed by state prosecutors, led by Cllr. Moriah Yeakula-Korkpor, seeking to overturn the court’s October 27 ruling, which cleared Wilson of simple assault and disorderly conduct charges.
Judge Barco in his decision to rescind noted that the court missed key material fact which showed that the delay was not the fault of the prosecution as earlier ruled.
Previously, in his October 27 judgment, Magistrate Barco dismissed the case because the prosecution had caused “unreasonable and unjustifiable delays” in bringing the matter to a conclusion.
He ruled that the state’s repeated failure to produce its final witness violated Wilson’s constitutional right to a speedy trial, as guaranteed under Rule Nine of the Rules Governing Magistrate and Traffic Courts, which requires the disposition of misdemeanor cases within 30 days.
“The prosecution’s delay is unreasonable and unjustifiable, given the fact that they control all the instrumentalities of the state and should not be giving excuses to delay trial,” Barco said in his earlier ruling.
However, the prosecution countered that the ruling was procedurally flawed and contrary to the evidence on record.
In their motion for relief from judgment, prosecutors argued that the state had “consistently pursued” the case, had requested multiple hearing dates, and was ready to present its final witness, a medical doctor, on the very day the case was dismissed.
According to the prosecution, five witnesses had already testified, and several pieces of key evidence, including a video of the alleged assault, an apology video, eyewitness testimonies, and a school disciplinary report, had been admitted or marked for admission.
“The case was never abandoned and had reached an advanced stage,” the prosecution’s motion stated, describing the dismissal as “legally untenable” and “contrary to the facts on record.”
The reinstatement of the case means Wilson will once again face trial for alleged simple assault and disorderly conduct, charges stemming from an incident that has drawn significant public attention and debate over the past months.
While defense counsel had previously hailed the October 27 dismissal as a vindication and a reaffirmation of the constitutional right to a speedy trial, Wednesday’s reversal marks a dramatic twist in the case.
No new trial date has yet been announced.
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