By Jacqueline L. Dennis
MONROVIA, Liberia — The Monrovia Magisterial Court at the Temple of Justice has dismissed all charges against Kindness Wilson, restoring her rights and liberty after months of stalled prosecution that the court said violated her right to a speedy trial.
Presiding Magistrate Ben Barco ruled that prosecutors’ repeated failure to move the case forward amounted to “unreasonable and unjustifiable delay,” noting the state “controls all the instrumentalities” needed to prosecute and offered no valid excuse for its inaction. “The defendant’s constitutional right to a speedy trial must be protected at all costs,” Barco said in open court.
Court records show the case was filed March 31, 2025, and proceedings began soon after, but the last sitting before the ruling was Sept. 12—more than a month earlier. The defense moved to dismiss for lack of prosecution.
Attorney Jeremiah Samuel Dugbo, representing Wilson, argued prosecutors had “failed and neglected to prosecute” since her April 8 arraignment, when she pleaded not guilty to a simple assault charge. Dugbo said the state failed at least four times to produce its final witness, repeatedly sought postponements, and never used a subpoena to compel the witness’s appearance. He also opposed a three-week delay sought due to the absence of government lawyers, pointing out that multiple state counsels were already on record for the Republic.
Dugbo noted prosecutors had previously been granted a one-week continuance that expired Sept. 19, yet the state only reappeared Oct. 28. He cited Rule Nine of the Rules Governing Magistrate and Traffic Courts, which calls for criminal matters in those courts to be disposed of within 30 days, and referenced Rule Seven of the Code of Professional and Moral Ethics, arguing the prosecution’s role is to ensure justice, including a speedy trial.
Prosecutors—Counselors Joseph Sammy, Jonah A. Kerkulah, and Moriah Yekulah Korkpor—urged the court to deny the motion, calling it “unfounded and misleading.” They said Rule Nine was misinterpreted and emphasized the case was not “pending undetermined” because several witnesses had already testified for the state. They asked the court to take judicial notice of the records and said the final witness, a medical doctor, was present and ready to testify. The state cited Chapter 25, Section 25.1 of the Civil Procedure Law on judicial notice and again referenced Rule Nine. After reviewing the filings and arguments, Magistrate Barco granted the defense motion, dismissed the charge against Wilson, and ordered her rights and liberty fully restored.
