MONROVIA – Criminal Court “A” has ordered the release of thirty-nine pretrial detainees from the Monrovia Central Prison, citing their prolonged detention without indictment as exceeding the legal limit. The individuals had been held beyond the statutory period required for pretrial detainees to be formally charged. This decision was made by Judge Roosevelt Z. Willie and came without prejudice to the state, meaning the charges could be refiled in the future.
Judge Willie referenced Section 18.2 of Liberia’s Criminal Procedure Law, which mandates that if no indictment is brought by the end of the next term following a defendant’s arrest or court appearance, the case must be dismissed unless the prosecution can show good cause for the delay. “The court shall dismiss a complaint against a defendant who is not indicted by the end of the next succeeding term after his or her arrest for an indictable offense,” said Judge Willie, reiterating the law’s requirements.
Among the released detainees were individuals who had been imprisoned since 2017, facing charges including murder, manslaughter, conspiracy, aggravated assault, theft of property, armed robbery, circumstantial murder, criminal trespass, and burglary. The court emphasized that the dismissal of these cases was based solely on the defendants’ extended pretrial detention and was not a judgment on their guilt or innocence.
In his ruling, Judge Willie stated, “Consistent with Title 2—Liberian Code of Law Revised—Criminal Procedure Law, Chapter 18.2, the court hereby sua sponte orders the release of the following defendants or pretrial detainees who have overstayed the statutory period required for indictment. This dismissal is done without prejudice to the state.”
The release order was issued on Thursday, August 15, 2024, during the August Term of the First Judicial Circuit, Criminal Court “A” for Montserrado County. While the detainees have been freed, the state retains the right to refile charges if necessary, following proper legal procedures.
The decision highlights ongoing concerns regarding the lengthy detention of pretrial detainees in Liberia’s justice system, where cases often face significant delays, straining both the prison system and the rights of the accused.
