Liberia: State Witness Concedes Audio Recordings Do Not Link Defendants to Capitol Fire - FrontPageAfrica

MONROVIA — The Capitol Building arson trial at Criminal Court “A” took a contentious turn on Friday after a key prosecution witness admitted under cross examination that several audio recordings relied upon by the state were not directly related to the burning of the Capitol.

Rafael Wilson of the Liberia National Police told the court that most of the recordings presented by the prosecution focused largely on political discussions and did not reference the Capitol Building fire.

He acknowledged that the audios were extracted from the mobile phone of one of the defendants, identified as Thomas, but conceded that investigators found much of the content to be irrelevant to the alleged crime.

Lead defense counsel Cllr. Arthur T. Johnson argued that the prosecution had failed to establish any direct link between the defendants and the alleged arson. He questioned Wilson about a specific recording the state claims involved discussions about burning the Capitol, noting that the only statement in the audio was a question asking whether a fire had already occurred, without mentioning the Capitol or any location. Wilson confirmed that the recording did not specify the Capitol Building.

The witness further admitted that despite determining that several recordings had no clear connection to the alleged arson, they were still submitted as part of the state’s evidence. Johnson pressed the witness on why such material was presented to the court and raised concerns that the recordings were doctored and dated December 17, a day the defense said President Joseph Boakai was present at the Capitol, which was under full security coverage by the Liberia National Police and the Executive Protection Service.

Wilson also testified that the investigation relied heavily on witness statements and admitted that he could not confirm whether some of those statements were written by the defendants themselves.

The proceedings intensified when the defense accused the Liberia National Police and the National Security Agency of torturing defendant Eric Susay to extract a confession implicating former Speaker J. Fonati Koffa. Cllr. Johnson alleged that Susay was beaten over several days, tied to a mattress, and assaulted by individuals allegedly linked to the former warlord known as General Butt Naked.

He further claimed that Susay was later transferred to the National Security Agency, where agents allegedly stepped on his back, leaving him with lasting injuries. Johnson questioned whether Wilson’s investigation documented any of these alleged abuses.

The prosecution objected to the line of questioning, arguing that it was unconstitutional and could incriminate the witness. Judge Roosevelt Willie sustained the objection, prompting Johnson to argue that the constitutional protection against self incrimination applies to witnesses, not the court.

Defense counsel also objected to any plan to allow audio playback devices or technicians into the jury deliberation room. The defense maintained that only jurors are permitted during deliberations and argued that electronic devices containing multiple recordings could improperly influence the jury. They insisted that jurors should only have access to properly admitted transcripts read into evidence.

The prosecution countered that all admitted evidence, including audio recordings, should be made available to the jury. The defense rejected the position, warning that allowing playback equipment and technicians into the jury room could compromise the integrity of the deliberative process.

Cross examination of Investigator Wilson continued as the defense reiterated its position that the prosecution’s audio evidence creates reasonable doubt rather than proving guilt beyond a reasonable doubt. The Capitol Building arson trial continues at Criminal Court “A” in Monrovia.