By: R. Joyclyn Wea

MONROVIA-Alexander Cummings through his lead lawyer, Abraham Sillah has termed as worthless and baseless submission made by the state to recall Enesia Wesseh, National Elections Commission (NEC), to produce the original CPP’s framework document of May, 19, 2020 that was filed with NEC.

“The prosecution submission is worthless and without any legal basis because the subpoena issued by the court on order of the state for Wesseh to appear and produce the framework document along with the cover letter filed with the National Elections Commission on a particular date and time has expired,” Cllr. Sillah noted.

Defense lawyers’ characterization of the state submission as worthless comes after the state, through Cllr. Sayma S. Cephus prayed the court to dispense Wesseh and at the same time will recall her to produce the above-mentioned document that would subsequently be testified to by Mo Ali of the United Party.

While Cummings’ lawyers acknowledged that the state has the right to dispense a subpoenaed witness, it objects to the prosecution recalling the witness (Scotts) on the same birth subpoena when she had been discharged by the court.

Cllr. Sillah strongly contends that the state requesting for the discharged subpoena witness to be recalled, defense counsels say it is regular and not supported by any law in our jurisdiction.

“As per practice when a witness is subpoenaed and said wittiness honored that subpoena and provides his or her testimony and being discharged by the court, that witness is no longer a subpoenaed witness and under the court’s jurisdiction on account of said subpoena,” he argued.

Defense counsels hold that the former Chief Justice can only be recalled on account of a new subpoena that might be prayed for by the state, and resisted for the court consideration, in the absence of that, where the court to grant the prayer of the state under the same birth subpoena is legally out, the Magistrates presiding over the trial had reserved ruling on this submission at a later date.


Comments are closed.