Monrovia-Stipendiary Magistrate L. Ben Barco of the Monrovia City Court on Wednesday, November 5, rescinded his earlier ruling that dismissed assault and disorderly conduct charges against Miss Liberia 1st Runner-Up, Kindness Wilson, effectively reinstating the case after state prosecutors challenged his previous decision.
By Willie N. Tokpah
The reversal followed a motion filed by state prosecutors, led by Cllr. Moriah Yeakula-Korkpor, seeking relief from judgment and asking the court to overturn its October 27 ruling, which had cleared Wilson of all charges.
Magistrate Barco, in his latest ruling, admitted that the court had “inadvertently missed a material fact” in the original judgment, which showed that the delay in proceedings was not caused by the prosecution as earlier believed.
“The Court finds that the Prosecution did present credible evidence, written and oral, that it made consistent efforts to secure assignments for hearings,” Barco stated in his decision. “The delay was attributable to a crowded docket, not prosecutorial neglect.”
Background of the Case
Wilson, a beauty queen and student of Stella Maris Polytechnic University, was charged in March 2025 with simple assault, menacing, and disorderly conduct following an altercation with another student, Jumel Cox. According to the complaint, Wilson allegedly slapped and insulted Cox on campus, causing bodily harm and public embarrassment.
She pleaded not guilty to all charges, and the prosecution presented five witnesses, including eyewitnesses and a medical doctor, along with video evidence and a school disciplinary report.
However, on October 27, Magistrate Barco dismissed the case, citing “unreasonable and unjustifiable delay” by prosecutors in producing their final witness.
He ruled that the prosecution’s repeated requests for continuance violated Wilson’s constitutional right to a speedy trial, as guaranteed under Rule Nine of the Rules Governing Magistrate and Traffic Courts, which mandates the disposition of misdemeanor cases within 30 days.
“The prosecution’s delay is unreasonable and unjustifiable, given that they control all the instrumentalities of the state,” Barco said in his initial ruling.
Prosecution’s Motion and Court’s Reversal
Prosecutors immediately filed a motion for relief from judgment, arguing that the dismissal was procedurally flawed and based on an incomplete record.
They maintained that they had “consistently pursued” the case and had been ready to present their final witness, a medical doctor, on the very day the case was dismissed.
The motion included written evidence and communication logs showing that prosecutors had repeatedly requested hearing assignments, but none were granted due to the court’s congested docket.
Magistrate Barco, acknowledging this evidence, ruled that the oversight warranted reversal of the earlier decision.
He cited legal precedent allowing a court to revisit its final ruling when a “material fact or law was inadvertently overlooked.”
The reinstatement of the case means Wilson will once again face trial on the original charges, which have drawn significant public attention and debate since the case first surfaced.
Defense Reaction
Defense counsel, Atty. Jeremiah Dugbo, strongly criticized the court’s reversal, calling it “unprecedented in Liberian criminal jurisprudence” and “untenable in law.”
“When matters are dismissed on their merits and an appeal is taken, that matter cannot be overturned, especially by a motion for relief from judgment,” Dugbo argued.
“The prosecution should have pursued its appeal through the proper process. It’s a sad day for justice, but we understand where this comes from.”
Despite the controversy, Magistrate Barco maintained that his action was legally justified and aimed at ensuring fairness and justice in light of new factual clarifications.
Trial continues.
