Tensions flared in Criminal Court “A” on Wednesday during the 26th Day Jury Sitting of the August Term of Court, as defense lawyers resisted a court order for an independent medical examination of their clients, raising concerns about due process and impartiality. Defense Counsel informed the court that they had only recently received a response from the Prosecution regarding their motion for an independent medical examination. However, they stated that their clients preferred any hospital except the John F. Kennedy Medical Center (JFK), citing distrust and alleged bias.
The Prosecution, in response, argued that the defense was using delay tactics to derail the trial. They emphasized that the purpose of the current hearing was not to assign the examination but to decide whether the case should move forward. Prosecutors clarified that they did not oppose the medical evaluation, as long as it was conducted by a certified facility. The judge presiding over the matter clarified that the case would not proceed unless the independent examination was conducted.
He noted that while legal proceedings hinge on factual issues, the medical evaluation was necessary to determine the mental and physical condition of the accused. In a sharp rebuke, the court cautioned the defense for undermining its authority. “If you do not trust the JFK for other reasons, as you claim in this case, you should have gone to the Supreme Court to put a halt to the order,” the judge stated. He emphasized that the court’s decision must be respected unless legally challenged through the proper channels. The defense was advised that they may challenge the order via a Writ of Certiorari or Prohibition, but until then, the examination must proceed.
The court reiterated that allowing defendants to refuse its orders without a proper legal basis would lead to repeated disruptions in the trial process. Judge Willie however issued a US$100.00 (Hundred USD) fine against defense counsels to include Cllr. Arthur Johnson, Cllr. Wilkins Wright, Cllr. Jonathan Massaquoi, Cllr. James Kumeh, and others for allegedly advising their clients not to comply with the court’s order to undergo medical examination at JFK.
“It must be obeyed or challenged through the Supreme Court, not disregarded.” He further warned that allowing such disobedience would “undermine the authority of the judiciary.” Earlier, the defense had filed a motion seeking an independent medical examination of the defendants, citing allegations of torture and sodomy while in state custody.
Author: Melvin Jackson
