MONROVIA — The prosecution in the high-profile assault case involving Miss Liberia First Runner-Up Kindness Wilson has filed a motion seeking to overturn the Monrovia City Magisterial Court’s decision that cleared her of all charges.
The motion, filed days after Magistrate L. Ben Barco dismissed the case on October 27, challenges the court’s ruling on grounds that it was “procedurally flawed and inconsistent with the trial record.” Prosecutors argue that the court erred when it concluded that the state had caused “unreasonable and unjustifiable delays” in pursuing the case.
According to the motion, the prosecution insists the case was never abandoned, stressing that the state had “actively pursued hearings, produced witnesses, and was fully prepared to conclude with its final witness”, a medical doctor, on the very day the court dismissed the matter.
“The record is clear that the state was diligent and ready to proceed,” the motion states. “At no point was this case assigned and the prosecution failed to appear. The court cannot benefit from its own wrong.”
Prosecutors say five witnesses had already testified and several key pieces of evidence, including the viral slapping video, Wilson’s apology video, eyewitness accounts, and a school disciplinary report, were already before the court when the dismissal occurred.
They described Magistrate Barco’s ruling as “legally untenable” and “contrary to the facts on record,” adding that a motion for relief from judgment has been filed to have the dismissal rescinded.
Lead prosecutor Cllr. Moriah Yeakula-Korkpor confirmed the filing but declined to discuss the details, stating only that the prosecution had exercised its legal right to seek redress.
“We do not litigate cases in the media,” Cllr. Yeakula-Korkpor said. “We have filed the appropriate motion to rescind the judgment and intend to exhaust every legal remedy available under the law.”
Background of the Court’s Dismissal
In his October 27 decision, Magistrate Barco ruled that the state had failed to conclude its case within the time limit set by Rule Nine of the Rules Governing Magistrate and Traffic Courts, which requires that misdemeanor cases be disposed of within 30 days.
He held that the state’s repeated failure to produce its final witness amounted to a violation of Wilson’s constitutional right to a speedy trial, ordering that all charges of simple assault and disorderly conduct be dismissed.
“The prosecution’s delay is unreasonable and unjustifiable, given that they control all instrumentalities of the state and should not be giving excuses to delay trial,” Barco said in his ruling. “The defense has a constitutional right to a speedy trial which must be protected at all costs.”
The ruling restored Wilson’s liberty and formally closed the case. Prosecutors immediately took exception and announced plans to appeal to the First Judicial Circuit, Criminal Assizes ‘A’ Court.
However, in their motion to rescind, prosecutors now argue that the delays cited by the court were not of their making but rather the result of the court’s own congested docket. Court clerks, they say, informed the magistrate that several prosecution requests for new hearing dates went unassigned due to a backlog of cases.
The Case That Sparked a National Conversation
The case originated from a viral video recorded in March 2024, showing Wilson slapping fellow student Jumel Cox during an altercation on the campus of Stella Maris Polytechnic University. The clip sparked nationwide outrage and online debate over the conduct of public figures.
Following the incident, the Miss Liberia Organizing Committee suspended Wilson pending the outcome of the case. The Ministry of Justice later charged her with simple assault and disorderly conduct, arguing that her behavior violated Liberia’s penal laws and undermined her status as a public role model.
Wilson, represented by Atty. Jeremiah Samuel Dugbou III, pleaded not guilty during her April 2 arraignment and was released on bond through Sky Insurance. The trial went on for months, during which five witnesses, including the complainant, the videographer, and school officials, took the stand.
The state says its final witness, a doctor who examined the complainant, was present and ready to testify on the very day the case was dismissed.
Reactions and Legal Tensions
Defense attorney Atty. Dugbou welcomed the dismissal, calling it a victory for fairness and due process.
“My client was humiliated and unfairly judged in the public space for months,” Dugbou said. “The court’s ruling reaffirmed that justice delayed is indeed justice denied. Every Liberian deserves a fair and speedy trial.”
Prosecutors, however, argue that the ruling sends a troubling signal about judicial accountability and consistency.
“This decision undermines public confidence in the justice system,” one state lawyer said off record. “The record shows that we acted in good faith and diligently pursued this case from day one.”
As the legal battle shifts to the higher courts, the case of Kindness Wilson vs. The Republic of Liberia continues to test the balance between public image, legal fairness, and the state’s duty to prosecute without prejudice.
