The Inquirer (Monrovia)
C. Winnie Saywah and Rodella Karlay
12 August 2008
Chief Justice Johnnie N. Lewis says the Liberian courts lack discipline and lawyers are ruling judges at the Judiciary Branch of Government.
Speaking about issues raised by other speakers at the opening of the August term of court yesterday, Justice Lewis said because lawyers are cleverly manipulating judges, jury cases last up to 41 days which is a whole term of court.
The head of the Judiciary Branch who served as circuit judge for five years told the court that the Executive Rule 3 states that the court should open for official businesses on Saturdays at 10:00am and all other days at 8:00am but he observed that judges are observed dragged to court each day.
"Instead of being in court at the prescribed time, they have meetings with lawyers in the chamber. That is wrong! And I have heard that they are also extorting huge sums from lawyers while the party litigants are outside waiting endlessly for them," the Chief Justice expressed with deep concern!
He said that it is the judges who are to use the gavel to ensure that lawyers and party litigants are present in court by first setting good examples of being time conscious by observing the statues regarding time.
"People are roaming the building wanting to be jurors when they have just served a term of court. That is also wrong. Jurors should serve only one term of court and wait until after twelve months before reapplying," Justice Lewis reiterated.
Speaking on the issue of government spending too much to have a pathologist in the country which is hindering justice, Justice Lewis said that government should raise the needed money for that because it is in the interest of the state.
He advised all lawyers to inform him in case of any shortfall on the parts of his judges in handling cases already in the courts.
According to him, he hopes that non-lawyers are not practicing laws or sitting in the bar making reference to the magisterial courts as was reported by Human Rights Lawyer, Dumpsters Brown, when he served as proxy at a ceremony held by the Liberia National Bar Association at the ceremony.
The forceful speaking Chief Justice said that to improve the system, he actually needs information. "For the magistrates and judges, who are dragging to go to court as per the laws, I know what I will do; I will begin cutting $100 from their per diems, if I do not find them seated behind their desks at the appropriate time.
I will be coming down each morning to inspect," the Chief Justice firmly maintained amidst cheers from the court.
Meanwhile, making remarks also, Judge J. Boima Konto who now takes over the affairs of courts "A&B" replacing Judge Peter Gbeneweleh, encouraged his fellow judges not to lose focus in adjudicating matters as it arise before them.
He said that during this term of court, judges would evoke all provisions of the statues to ensure that cases do not remain unattended until the next term of court.
Judge Konto also elaborated that every judge should give true meaning to their jobs because it is the court that provides the last place of hope for all clients/ aggrieved parties.
"It is not only being neutral as a judge but also knowing how to conduct yourself equally matters in the case", he stressed.
He also cautioned the Ministry of Justice to give true meaning to the term "court" by ensuring that the police gather enough evidence for the proper adjudication of cases.
"Value needs to be added to evidence brought to the court to aid cases forwarded before it or it will constrain the court to dismiss document of such nature", he also observed.
He said that the issue of pathologists is serious to the court process because it has caused severe hindrance to its proceedings noting that the court will not do what party litigants are able to do for themselves.
"We will ensure that harden criminals are not unleashed on peaceful citizens," he added.
He concluded that judges will not hesitate to employ instruments for docket control and warned that all jurors and would-be-jurors with preconceived minds are counter-productive to the state.
The State prosecutors were all present but they were represented by Justice Minister Philip Banks who earlier promised to pursue the tasks ahead vigorously noting that the ministry will let no situation loose.
Banks said that the state prosecutors will legally pursue all matters pending before the criminal courts. He pointed out that the government is encountering a seriously flawed system but it is still in the process of stabilizing those systems and also engaged at developing those ones that do not exist.
"Let us all endeavor to pursue to the rule of law in a manner that would bring pride to the justice system", Mr. Banks asserted.
On the issue of getting an expert pathologist, Minister Banks said that it is also his ministry's concern because such person (s) would be of benefit to all Liberians.
The trial docket of the first judicial circuit court "A" sitting in its August term was the only document made available to the press and it speaks of criminal mischief as the highest among other cases to be prosecuted.
Aggravated Assault, 49; terrorist threats, 19; criminal attempt, 14; murder, 11; criminal trespass, 9; criminal coercion, 4; persistent none-support, 2; sexual assault and surprisingly, rape, 1.
Many persons were dismayed that Court "A" that is responsible to handle several cases including murder failed to add the case of defendant Hans William and Mardea Paykue for this term of court since the latest autopsy report has already been revealed.
Emmanuel Kollie of Lofa County is now the sitting judge of Court "C" replacing judge Geevon Smith.
Be the first to Write a Comment!
Copyright © 2008 The Inquirer. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.
