Not enough to suppress evidence

The presiding judge of Criminal Court “A”, Roosevelt Willie, says that despite a medical report confirming defendants’ claim of torture in the ongoing Capitol building arson trial, it is not sufficient ground to grant the defendants’ request to suppress evidence in the trial.

By Lincoln G. Peters

Monrovia, September 25, 2025: Judge Willie’s comments are contained in his ruling on Wednesday, September 24, 2025, following the presentation of the defendants’ medical report as requested by defense lawyers.

The judge argued that the inherent limitations and constraints of available diagnostic modalities within the present setting also contribute to the fact that the medical report has some constraints.

The ruling comes out on a motion to suppress evidence in the ongoing trial as filed by defendants, suggesting that state security uses brute force and torture methods to force confessions from defendants.

Reading his ruling, Judge Willie said that the court was hesitant to note that Dr. Philip Zochonis Ireland provided a photographic account of some of the defendants having scar wounds and certain illnesses on their bodies.

He opined that this argument is so because Dr. Ireland, in his own report, stated that, even though the defendants’ overall assessment was consistent with the allegation, these findings could also be caused by other conditions other than torture.

“So, in addition to his admission that his findings were hampered by the passage of time between the alleged incidents and the examination, which may have obscured or altered physical findings, and also the inherent limitations of available diagnostic modalities within our present setting, all contribute to the fact that the report has some constraints.” Judge Willie stated.

Judge Willie disclosed that, based on the allegation of torture and sodomy raised by the defense in their motion to suppress the evidence, the court has the proclivity to deny the evidence.

The judge ruled that the court was unable to determine the allegations of torture and sodomy made by defendants since the claims were based on medical examination and fact. Therefore,  the Court mandated the AMI Expeditionary Healthcare to medically examine the said individuals who stated that the evidence obtained from them were as a result of them being sodomized and tortured by security officers. At the same time, they were detained and being investigated.

Subsequently, the judge stated that the AMI Expeditionary Healthcare conducted the medical examination based on the claims of sodomy and torture, and submitted a report through Dr. Philip Zochonis Ireland, BSc, MD, MPH, MASI (Clinical Endocrinology), MACP, FWACP, and FLCPS.

Following the reading of the report’s cover letter verbatim in court, Judge Willie stated that, based on the content of the covering letter just read, it is difficult to make an informed and authoritative decision regarding the report for two major reasons.

Firstly, on the defendants walking back on their claims of sodomy, the defendants, according to the medical report, voluntarily retracted the claim of sexual abuse and sodomy during their medical examination. Therefore, no medical examination should be conducted on these parts of their bodies.

“The Court says, and believes that what this presupposes is that, although they told the Court the evidence should be suppressed because they were sodomized, this information is imaginary, as insinuated by them during their medical examination. Therefore, it would be unnecessary to conduct any examination relating to sodomy.”

Secondly, the judge ruled that the admission of the Physician in his report, when he acknowledged that the medical examination encountered certain “limitations and constraints”, which he mentioned as: (i) the passage of time between the alleged incidents and the examinations, which may have obscured or altered physical findings. (ii) Patient revocations of consent for specific examinations (notably genital and anal assessments), and (iii) the inherent limitations of available diagnostic modalities within our present setting may have contributed to outcomes as well.

According to the judge, the physicians then concluded that despite these constraints, they endeavored to provide a thorough, impartial, and professionally grounded account of the clinical evidence before him.

“WHEREFORE AND IN VIEW OF THE FOREGOING, the Court says, based on the issues raised by the Defendants, the resistance thereto by the Prosecution, the laws cited herein, and the arguments put forth by the Parties, the Motion to Suppress the Evidence is hereby denied, and this case is ordered to proceed forthwith. The full trial in these proceedings is hereby assigned for Friday, September 26, 2025, at 10:00 am prompt. All Parties being present, today’s minutes serve as Notice of Assignment. AND IT IS HEREBY SO ORDERED, MATTERS SUSPENDED!” Judge Willie ruled.

Meanwhile, one of the defendants, whose medical report confirmed that he was tortured, collapsed in open Court just before the judge could read out his ruling, but was denied compassionate relief to seek medical attention. Edited by Othello B. Garblah.