Court Rejects Photocopied Evidence in US$19M Drug Case | Legal

The first day of preliminary hearings in Liberia’s $19 million narcotics prosecution hit a major procedural snag yesterday when Monrovia City Court rejected the prosecution’s attempt to submit photocopies of the police charge sheet, forcing state lawyers to locate certified originals and giving the defense an early strategic win.

The case centers on Paul J. L. King, Operations Manager of Global Logistics Services (GLS), who remains the only suspect in custody following the seizure of narcotics valued at an estimated $19 million. King faces multiple counts under the Controlled Drugs and Substances Act of 2023, which repealed the 1985 Narcotic Drugs and Psychotropic Substances Act. 

Proceedings before Stipendiary Magistrate Ben Barco were set to move to the framing of charges when state prosecutors tendered photocopies of the Liberia National Police’s charge sheet as the basis for committal. 

Lead defense counsel Cllr.  Amara Sheriff immediately objected, arguing that “uncertified photocopies” fail to meet evidentiary standards under Chapter 25 of the Criminal Procedure Law, which requires that documentary evidence be original.

Magistrate Barco sustained the objection from the bench. “This court cannot proceed to commit or bind over an accused on documents whose authenticity is not established on their face,” Barco ruled.

The ruling compelled the prosecution to adjourn and retrieve originals from the LNP new hearing date has been set for tomorrow

Legal analysts say the decision underscores the judiciary’s strict adherence to foundational evidentiary rules in high-profile drug cases, where procedural missteps can jeopardize entire prosecutions. 

“The best evidence rule still governs,” said a senior criminal lawyer not affiliated with the case. “If the state wants to deprive someone of liberty, it must meet the law’s technical requirements. A photocopy in the eyes of the court, no evidence at all.”

Under Liberian law, preliminary hearings determine whether sufficient probable cause exists to send a defendant to Criminal Court ‘A’ for indictment. Without an admissible charge sheet, the magistrate cannot lawfully frame charges or rule on bail conditions.

King was arrested in May after a joint LNP–Drug Enforcement Agency operation at the Freeport of Monrovia allegedly uncovered large quantities of controlled substances concealed in a GLS-consigned container. Authorities pegged the street value at $19 million, making it one of the largest seizures in recent years.

GLS has not been formally charged as a corporate entity, and King is the sole individual named so far. Prosecutors indicated additional suspects are being pursued, but no indictments have been issued.

If original documents are filed tomorrow, Magistrate Barco will hear arguments on whether probable cause exists to bind King over for trial. A ruling against the state at this stage could result in dismissal, though prosecutors would retain the right to refile. 

A conviction under the Controlled Drugs and Substances Act of 2023 for trafficking in excess of 1 kilogram of narcotics carries a minimum sentence of 10 years and forfeiture of assets derived from the offense.