Insufficient Evidence May End Case against Rep. Waylee

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Flashback Rep. Waylee being escorted to the Monrovia City Court by armed state security

Days after Magistrate Kennedy Peabody of the Monrovia City Court held authorities of the Liberia National Police (LNP) in contempt for “refusing to follow-up” on Grand Gedeh County District#2 Representative Morias Waylee’s alleged rape case, the magistrate yesterday disclosed that the trial has been abandoned by the prosecution. “I don’t know what is happening with the case because the government charged Rep. Waylee and his wife, but the prosecution is yet to ask for any assignment to continue with the matter,” Peabody said. “You cannot blame the court for not doing much to proceed with the matter; it is the accusers that should come to court to make assignment if they are not doing so. Because we were interested to have a speedy trial of this matter, we were even compelled to fine authorities of the LNP for their unwillingness to prosecute Rep. Waylee, but they have refused to do anything to have the case resumed.”

Rep. Waylee was reported to have impregnated his 12 year old niece (name withheld) who was reportedly staying with him but was later moved to an unknown location after the alleged rape was reported, with the intent to destroy evidence. The incident allegedly took place in May this year, according to a local newspaper. The girl’s father was also reported to be Rep. Waylee’s driver.

The Liberia National Police arrested the lawmaker and charged him and his wife with multiple crimes that included criminal conspiracy in violation of chapter 10.4. However, due to insufficient information, the LNP could not charge him with rape. The lawmaker was also charged with ‘tampering with witness,’ which is a violation of Chapter 12 sub-chapter C 1240b1 and Chapter 12 sub-chapter C section 12.411, according to the Revised Penal Code of the Republic of Liberia. To obtain a conviction for sexual assault, the prosecutor must prove all of the elements of the statute beyond a reasonable doubt. In other words, if the government fails to prove even one element of the crime, the defendant will be acquitted, a legal expert explained.

It may be recalled that Inspector General Col. Gregory Coleman said, “With the investigation thus far by the LNP, along with its collaborating partners, it has been established that a minor named Regina Barway, known to be a niece of Rep. Waylee, has lived with him and was in school through his sponsorship at a school in Careysburg, along the Kakata-Monrovia highway. We have come to make it known that Hon. Waylee has been arrested and charged. His actions are in violation of our penal code.”

He added: “In view of the evidence gathered and circumstances surrounding this matter the investigation has resolved to charge suspect Morias Waylee and Wedeh Waylee, the wife of the suspect, with criminal conspiracy in violation of chapter 10.4. And in addition to that, for tampering with witness, which is in violation of Chapter 12 sub-chapter C 1240b1; and Chapter 12 sub-chapter C section 12.411, for tampering with the criminal investigation – all of which contravene the Revised Penal Code of the Republic of Liberia.” Col. Coleman said at the time that the suspect, who was not charged with rape, was not overlooked because the investigation was still ongoing, and there is a need to establish all the facts to make sure the act was committed before coming up with such a charge.

It is the opinion of legal experts that the prosecution’s lack of drive in the case is simply because the case against the lawmaker has not been established beyond a reasonable doubt, which means the LNP has not been able to accumulate substantive evidence to prosecute the lawmaker. “The LNP’s statement that there is a need to establish all the facts to make sure the act was committed,” said a legal expert, “is an admission that police investigators don’t have facts to prosecute the case.”

11 COMMENTS

  1. The Minister Of Justice Frederick Cherure has ordered the prosecution to back off because 79 years old Rep Morais Waylee who impregnated his 13 years old niece is a relative to Justice Minister Frederick Cherue.

    A newspaper should do better than MISLEADING THE PUBLIC WITH SUCH CAPTION AS “INSUFFICIENT EVIDENCE”AMID THE OVERWHELMING EVIDENCE AND PROOF BEYOND ALL REASONABLE DOUBTS THAT 79 YEARS OLD REP. WAYLEE RAPED HIS 13 YEARS OLD NEICE OVER AND OVER AND IMPREGNATED HER.

  2. What more evidence needed to convict this man? He is using his position and financial resources to destroy this case. This man has bribed everyone connected to this matter including the victim’s parents. There is no secret hidden in this matter. He actually committed this act against a girl who is a minor. I want to believe that this particular girl is his sibling’s daughter. This is shameful and against our traditional norms.

  3. We know that but who cares?
    Good for nothing parents of that little girl cause
    that problem especially the Father.
    We know them!

  4. Not a strange observable fact for Liberia. A government that protects its citizens no matter what the status of an individual would have conducted a criminal investigation into the alleged rape case. The easy way to clear this out would have been the compulsory demand of the survival of the rape, the parents of the child, the infant and the alleged doer to present themselves at the Ministry of Justice for scientific test at government cost.

  5. And just imagine the justification Justice Minister Frederick Cherue BY ALL IMPLICATIONS is making for instructing the prosecution to hands off the case:

    “That the Justice Ministry needs to ensure that the perpetrator Representative should be seen as guilty beyond all reasonable doubt before the prosecution can take a legal action against the peroetrator”. As if it is not in court that one is proven guilty or innocent.

  6. Well planned criminal tactics to let go this CASE. LNP is acting as instructed – play delay til the end. Sickening injustice system.

  7. Such nonsense. The US has a law that if the police sees that a wife is being abused, even if she does not press charges they can haul the husband in. This stink old rapist now has the law backing him. Did the Justice Minister get a law degree? Is the baby not proof? Every last one of them should be thrown in jail. Rapist get away with anything in Liberia. We always shouting about white man rape our girls, well her his a black man who is getting away with it. Women should march and put pressure on the government.

  8. Sometimes reporters and their editors really aid and abet criminals or suspected criminals. THE POLICE HAS NEVER SAID ANYTHING ABOUT “INSUFFICIENT EVIDENCE”!!!

    IT IS THIS REPORTER WHO SEEMS TO HAVE BEEN BRIBED TO GIVE THE STORY SUCH A DISTORTIVE HEADLINE!

    AND WHY WOULD KENNETH BEST WHO WOULD BE TAKING COMMUNION TOMORROW SUNDAY WOULD APPROVE SUCH HEADLINE IS SOMETHING ALICE MAY BE WONDERING ABOUT IN WONDERLAND!!

  9. What kind of business is that? Lawyers for the prosecution should be heavily fined, the GOL sued for defamation and the public be informed.

  10. The most stupid people in this rape case is the parents of the 13 years old. Your damn brother raped your daughter and you take money from him to let him go free? I think Grand Gedeh County should file rape case against this stupid Rep Morias Waylee. If they don’t do it, I am going to file a complain against the Rep in the Supreme Court of Liberia, and I mean it too.

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