Corneh et al. v RL [2014] LRSC 32 (13 August 2014)
CORNEH et al. v RL [2014] LRSC 32 (13 August 2014)
Abraham Varmuyah Corneh and Abu Campbell alias Mustapha APPELLANTS Versus Republic of Liberia APPELLEE
APPEAL
JUDGMENT
When this case was called for hearing, Counsellor J. Johnny Momoh of the Sherman & Sherman. Inc. appeared for the appellants. Counsellors Betty Lamin-Blamo, Solicitor General of Liberia and Augustine C. Fayiah, Assistant Minister for Litigation of the Ministry of Justice, in association with Counselor M. Wilkins Wright of the Wright & Associates Law Firm appeared for the appellee.
Having read the certified records and the evidence adduced at tri al by the state and the laws controlling, it is hereby
ADJUDGED:
That the judgment of the trial court finding co-appellant Abu Campbell guilty of the offense of Criminal Attempt to Commit Murder is affirmed and confirmed.
That the State having failed to meet the threshold of establishing the guilt of co-appellant, Abraham Vamuyan Corneh, beyond a reasonable doubt, he is entitled to acquittal. Accordingly, the final judgment finding co-appellant Abraham Vamuyan Corneh guilty is hereby reversed and set aside; he is discharged from further answering to the charge in this matter and his bond returned to him. The judgment of the court below is therefore affirmed in part and reversed in part.
The Clerk of this Court is hereby ordered to send a mandate to the trial court commanding the Judge presiding therein to resume jurisdiction over this matter and to give effect td this judgment. AND IT IS HEREBY SO ORDERED. Costs disallowed.
GIVEN UNDER OUR HANDS AND THE SEAL OF THE SUPREME COURT OF LIBERIA, THIS 13TH OF AUGUST, A.D. 2014
[Please see pdf for signatures]
Note: Mr. Chief Justice, Francis S. Korkpor, Sr. having traveled to the U.S.A. on an official business when this case was heard, did not participate in the hearing and determination of this matter. Hence, he did not sign this Judgment.
Mr. Justice Philip A. Z. Banks, Ill, was present during the hearing of this case. However, due to medical reason, he was absent from the Country when a determination of this case was made. Hence, he did not sign the Judgment.