By: R. Joyclyn Wea
MONROVIA–Three alleged armed robbers who were recently arrested, charged and indicted for the crime of armed robbery have been free by Judge Ousman F. Feika, presiding Judge of the Criminal Court “D” at the Temple of Justice.
Defendants Alvin Choloplay, Junior Nyanti, and Tamba Bondor were on late Tuesday released without prejudice to the states.
The Judge’s action to set these alleged armed robbers free was predicated upon a submission made by the prosecution persistent with Chapter 18, section 18.1 of the Criminal Procedural Law of the Republic of Liberia.
Prosecution in their submission noted that it is in the exercise of its right under the above chapter, that it (prosecution) enters a plea of ‘nollie Prosecuqua’ in favor of the three defendants with their rights to re-file if and when the need arises.
The prosecution indicated that it is its duty to ensure that justice is served and justice is done and not to convict, as such, they pray the judge and the honorable court to grant its submission and the defendant released forthwith.
The court on the other hand notes the submission for the dismissal of the indictment and the charges contained therein against the defendants in these proceedings.
The court further notes that it is allowed under Chapter 18, section 18.1 to request a leave of court for dismissal of an indictment against accused persons.
Judge Feika mandated the clerk of that court to prepare a release in favor of the three defendants: Alvin Choloplay, Junior Nyanti, and Tamba Bondor and have said released conveyed and sent to the superintendent of prison to have the herein named defendants released from further detention forthwith.
Additionally, the court has also ordered that the rights and privileges of the within-named defendants be restored in keeping with the Constitution of Liberia.