RE: [horizonnewsmedia] Re: [OLM_Adm04] Re: [EveryLiberian] Re: [alja1] Oct 9th: Plot Against Protesters Exposed

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WRITHERS NYENIE-WEA

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Oct 11, 2013, 1:44:29 AM10/11/13

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Mr. Pyne,

Most of us in the Diaspora do not know the facts of what is unfolding in Liberia at the moment. What we (you, me, Rev. Blyee et al) are doing right now is simply expressing our individual views of what we think is going on based on our experiences until the real facts become available. But this much we do known. Under the Liberian Penal Law or Code, Volume IV, Title 26, a person is culpable is he or she purposely, knowingly, recklessly, or negligently as the law may require, spreads rumors with the intent to incite (The word ‘incite’ means to rouse; to stimulate; to urge or spur on; to stir up; to animate.”), the law can hold that person. Particularly, when there is “tension” and threads of “anti-government demonstrations” going on in Monrovia. You and I know that our history of acts of demonstrations in the Motherland has not always been that great. If the arrested individuals feels that their rights have been violated, I am sure there are a lot of qualified Liberian lawyers out there to take their case. You can read more on the Penal Law it if you want. And I will encourage you to do so.

The analogy you presented using the American examples is not consistent with the Liberian situation. Because name calling, calls for impeachment and or calls for resignation do not amount to “rumor mongering” or “acts of incitement”. If that were the case, the individuals you mentioned will have faced the “full weight of the American Law”. I don’t know you level of the law but here are two Common Law examples that I want to share with you to give another perspective of why acts of incitement can be prosecuted in the Court of Law:

1. In order for incitement to be proven, the onus is on the prosecution to show that there was incitement to commit an offence as stated by Isaacs J in Walsh v Sainsbury:

“The mere fact that A “incites to” or “urges” the commission of an offence or offences against a Commonwealth law is enough to constitute A an offender. He may “incite” or “urge” a particular person or generally, but, the “incitement” or the “urging” once proved, the offence is complete. Withdrawal does not obliterate it, though no doubt it may affect the measure of punishment. But to be itself an offence the “incitement” or the “urging” must be to the commission of some ‘offence’.”

2. One of the interesting aspects of incitement, is that the substantive offence does not require a person to act upon the incitement, but rather, an attempt to incite is sufficient, as was noted in the Victorian Court of Appeal in R v Dimozantis, with the Court approving the ruling of the trial judge:

“The learned trial judge ruled that it was not necessary, as an element of the offence, to prove that the person incited acted upon the incitement, although it was necessary to prove that the course of conduct urged would, if it had been acted upon as the inciter intended it to be, amount to the commission of the offence.”

Generally speaking, there is no requirement that a person incited to commit an act, but rather, the inciting behavior must be within the knowledge of the other person. And in the case of Liberia, the knowledge of the inciting behavior was within the knowledge of the other person (the Liberian Police), hence the conducts of the arrests.

Thank you so much for your time.

Writhers Nyenie-Wea

Brooklyn Center, MN

612-600-8489

Rev. Blyee,

Since when it is a crime to go around and say the president has resigned and therefore those that are spreading such rumors should be arrested and imprison? Do you recall the health care debate and presidential election in the States last year, when members of the tea party were calling president Obama all kinds of name and asking for him to be impeached and resigned? I did not recall anybody be arrested and imprisoned for calling president Obama to resign and calling him names. I think, Morlu was exercising his constitutional and democratic rights and freedom of speech ushered in by Madam Ellen Johnson Sirleaf. Even though, i am not a fan of her, but i respected and admired her for such a bold courageous deed. Those people should be released immediately..

Ajavon Pyne Kalay

Ajavon Joe Pyne
aja...@aol.com

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From: James Blyee <blyee...@yahoo.com>
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Sent: Thu, Oct 10, 2013 5:22 pm
Subject: Re: [OLM_Adm04] Re: [EveryLiberian] Re: [alja1] Oct 9th: Plot Against Protesters Exposed