Info@liblaw.org

TRAFFICKING CHARGES ON HAWA BANGURA

REPUBLIC OF LIBERA BY & THRU THE MINISTRY OF JUSTICE……….Plaintiff  VERSUS                                                                                                           HAWA BANGURA.…………….Defendant

 

CRIME:  Human Trafficking

 

 

JUDGE’S CHARGE 

 

Defendant Hawa Bangura was indicted by the Grand Jury of Montserrado County on the 7th day of March A.D. 2018, for the commission of the crime of HUMAN TRAFFICKING.

 

According to the indictment, on November 30, 2018 Molley Passewee chairman of Banjor community reported to the Liberia National Police an alleged trafficking in person case involving victims Fatumata Kanu and Kadiatu Kromah by defendant Hawa Bangura all of whom are Sierra Leonean Nationals.

 

The indictment further avers that while the defendant and the victims were in Sierra Leone, the defendant Hawa Bangura hired victim Fatumatta Kanu to do business for a monthly salary, and after a while, the defendant promised victim Kanu a better business and that they should extend the said business to Liberia.

That while in Liberia the defendant and the victims were lodged by one Mohammed who lives in the Banjor Community. The indictment concluded that while the victims were being lodged in Banjor, the defendant arranged with a motorcyclist Lahai who was also introduced as her boyfriend for Fatumata Kanu and her daughter told be sold for the amount of US$3,500.00, at which time the Community Chairman Mr. Molley Passewee informed the Liberia National Police and other community dwellers for the defendant for the arrest of Madam Hawa Bangura.

 

When the defendant Hawa Bangura was arraigned before Court, she pleaded not guilty to the charge of Human Trafficking thereby joining issue with State. Subsequently, the Prosecution and the Defense Counsel waived jury trial leaving the court with the authority to rule in the said matter.

 

 

Prosecution produced four witnesses and they are: Madam Fatumatta Kanu victim of human trafficking, Lahai Kamara motorcyclist and alleged boyfriend to the defendant, Sgt. Tugbeh P. Nyankun Investigator of the Liberia National Police and Supt. Anthony S.T. Tugbeh, Chief of Anti-human Trafficking Unit Liberia National Police.

 

 

Prosecution first witness Madam Fatumatta Kanu testified that she was selling for the defendant back in Sierra Leone and while during business, the defendant encouraged her to come to Liberia to do better used clothes business where she will be well paid. They witness continue testifying and said that the defendant told her they we going Bo, and because she Madam Fatumatta Kanu never about the actual destination of Bo they were driven to Liberia. While in Liberia according to the witness, the defendant had nowhere to harbor them until they were taken by another Sierra Leonean National name Mohammed who presently resides in Banjor. The witness further testified that the defendant told her to collect money from one fish woman, and she was escorted by one Lahai who was introduced to her as the defendant’s boyfriend. Later and after few days according to the witness she victim Fatumatta Kanu, Lahai the motorcyclist and the defendant took off to collect money from an unknown man as she was told by the defendant her boss lady. The witness concluded that when they arrived at the unknown man’s place she spotted blood stain on the floor, it there and then some police officers arrested the defendant and transported them to the Zone 6 police depot. The witness was cross examined by the defense counsel and the court and later discharge with thanks.

 

Prosecution second witness Lahai Kamara the motorcyclist testified before court that he met the defendant and she informed him that he had a business in human being to transact. According to witness Lahai Kamara he told the defendant he had no idea of the location for said business. The witness said he was later introduced to one Mariama Sowah a business who also resides in Banjor Community, and when she met the defendant according to the witness Madam Sowah asked the defendant whether she had told anybody about the said business which she confirmed. The witness further testified that he was taken to where the defendant and the victims live and was introduced as the boyfriend to the defendant. Witness Lahai Kamara told court that after sometime knowing that the defendant wanted to trade the victims, he informed the community chairman who pretended to be a buyer for the human cargo. When the day and date was set for the said business transaction according to witness Kamara, the community chairman Molley Passewee informed officers of the Liberia National Police who arrested the defendant on site as it was scheduled for the business tranactions. The witness was cross examined by the defense counsel and the court and later discharged with thanks.

 

Prosecution third witness Sgt. Tugbeh Nyenkun officer of the Liberia National Police

 

 

READ THE LEGAL MEMORANDA OF THE PARTIES AND CHARGED THE TRIAL JURY ACCORDINGLY.

 

Mr. Foreman and Honorable ladies and gentlemen of the Trial Jury, with all the law issues cited and the summary of Prosecution’s and Defendants’ witnesses, I herewith charge you, that when you go into your room of deliberation, deliberate fully well to your own conscience and not anyone’s influence. You sat attentively and patiently for the past four weeks, heard and listened to the testimonies of the witnesses produced by the Prosecution and the Defendant and they were cross examined by the parties, you the Trial Jurors and the Court.

 

Go into your room of deliberation, bring a verdict, a true verdict, a unanimous verdict, bringing the defendants down GUILTY, If you are satisfied and convinced with the evidence produced and adduced by the Prosecution.  Otherwise, if you are not satisfied and convinced with the evidence produced and adduced by the Prosecution in the case, bring forth a NOT GUILTY verdict.  Hence, your charge!

 

 

GIVEN UNDER MY HANDS AND SEAL OF COURT THIS ____ DAY OF

JANUARY A.D. 2019

 

SEAL OF COURT

 

Roosevelt Z. Willie

PRESIDING CIRCUIT JUDGE

RESIDENT, CRIMINAL COURT “A”

 

File Type: pdf
Tags: Anti-Human Trafficking Law, Anti-Human Trafficking Unit, Arraignment of Defendant, Arrest of Defendant, Attempted Sale of Trafficking Victims, bench trial, burden of proof, Circuit Court, Commercial Exploitation, credibility of witnesses, Criminal Court “A”, criminal evidence, criminal indictment, criminal investigation, Criminal Procedure Law, Criminal Proceedings, criminal prosecution, criminal trial, Cross-Border Human Trafficking, Cross-Examination of Witnesses, Deception in Recruitment, Evaluation of Evidence, examination of witnesses, Exploitation of Vulnerable Persons, Fraudulent Employment Promises, grand jury indictment, guilty verdict, human trafficking, Human Trafficking for Financial Gain, Judge's Charge, Judge's Instructions to Jury, Jury Deliberation, Jury Verdict, legal memoranda, Liberia National Police, Ministry of Justice, Movement of Persons Across Borders, not guilty verdict, plea of not guilty, police investigation, Presumption of Innocence, proof beyond a reasonable doubt, prosecution witnesses, Protection of Trafficking Victims, Recruitment of Trafficking Victims, Sale of Human Beings, trafficking in persons, Trafficking of Women and Children, Transnational Human Trafficking, Transportation of Trafficking Victims, trial by jury, unanimous verdict, Victim Testimony, Victims of Human Trafficking, waiver of jury trial, witness testimony