MONROVIA – The high-profile case involving the suspended Deputy Minister of Youth and Sports for Youth Service, J. Bryant McGill for alleged rage against a 14-year-old minor continues to gain traction over the delay in the ongoing investigation by the Liberia National Police (LNP).
Writing on his official Facebook Page, the Sinoe County Senator, of the opposition Congress for Democratic Change (CDC), Augustine Chea accused Police Inspector General (IG) Gregory Coleman of ‘politically covering up’ the alleged rape incident and investigation involving the suspended Deputy Minister is a member of governing Unity Party (UP) government of President Joseph Nyuma Boakai.
“Why Deputy Minister J. Bryant McGill hasn’t been arrested? Is he untouchable?” Senator Chea asked in astonishment.
According to the opposition lawmaker, “IG Gregory Coleman is dead wrong. No DNA or forensic evidence is required to arrest a criminal suspect. If so, on what forensic evidence did he arrest and charge former Speaker Koffa et al for arson? Or does he apply different standards for different criminal suspects?”
Senator Chea goes on to state on his page that suspended Deputy Minister J. Bryant McGill being a free man is an obstruction of justice. “Shielding him from arrest under the pretext of the lack of DNA evidence is a political cover-up. Nobody should be above the law because of their position or political connections. Former Speaker Koffa and other lawmakers — people of higher stature — did not have such a dispensation, simply because they’re from the opposition, not the ruling party.”
The Sinoe Senator then cautioned: “Mr. Inspector General, the police do not need DNA evidence to arrest the alleged rapist; they can arrest him on probable cause — a reasonable or credible belief (based on facts and circumstances) that a rape was committed and that J. Bryant McGill committed the rape.”
He went on to state the following facts and circumstances that have established probable cause into the alleged rape: The 14-year-old girl or victim said she was raped; A medical report supports penetration or injury; She identified J. Bryant McGill as the perpetrator; and the police have video footage related to the crime.
According to Senator Chea, the circumstances stated are enough for probable cause, even without the video footage, adding, the police do not need DNA or trial level-proof to make an arrest.
The Sinoe County Senator frowned on the use of different standards for criminal arrests which does not only violate the equal protection guaranteed by the Constitution, but erodes public confidence in the criminal justice system. “Truth be told, the police under Gregory Coleman have become too partisan. Professionalism is dead, sadly!”
He laments that rape is a grave sexual offense that violates the dignity of the victim, leaving deep emotional and psychological scars.
“Worse so, this is a case of an alleged rape of a minor, 14-year- old, by an adult. This is statutory rape by default under our law and a non-bailable crime. (See Title 26, Section 14.70 of the Penal Code as amended),” Senator Chea stressed, adding “The time for cover up is over. Arrest J. Bryant McGill now!”.
Background
In recent times, the Inspector General of the Liberia National Police, Gregory Coleman, has come under public scrutiny for refusal to enforce the arrest of the suspended Deputy Minister who is facing rape allegation in apparent breach of the country’s rape law.
Amended in 2006, the law classifies rape as either a first-degree or second-degree felony, with severe penalties including life imprisonment. The crime is first-degree felony if the victim is under 18 years of age. This is also referred to as statutory rape Punishable by a maximum sentence of life imprisonment.
The Police have faced public outrage for refusing to bring into custody the suspended deputy youth and sports minister accused of raping a 14-year-old girl. The situation is pulling questions about enforcement of Liberia’s nonbailable statutory rape provisions and sparking calls for immediate action from lawyers and rights groups.
President Joseph Nyuma Boakai in September confirmed the suspension of Deputy Youth Minister Bryant McGill following the allegation. The Executive Mansion said the suspension is “in line with the government’s zero tolerance policy toward all forms of sexual and gender-based violence” and is intended to allow for a “fair and transparent investigation.” McGill has not been charged.
Police say they have been investigating the matter since early September and describe the probe as “delicate.”
Inspector General Gregory Coleman told reporters in Monrovia the LNP is proceeding cautiously and will not make an arrest without what he called sufficient, legally sound evidence.
He said investigators have interviewed the alleged victim, her father and McGill; collected surveillance footage and clothing for DNA testing; and are reviewing call logs and other digital evidence. Forensic results have not yet been completed.
Those actions have not satisfied victims’ advocates and civil society groups. It can be recalled protesters gathered outside the Ministry of Justice demanding McGill’s immediate arrest, and the Association of Female Lawyers of Liberia (AFELL) accused the police of applying a double standard because of the accused’s government position.
AFELL President Cllr. Philomena Williams said the law is clear and that statutory rape is nonbailable when the victim is a minor.
