Liberia: Judge Carey Frowns On Magistrates for Causing Prison Congestion

Kakata — The resident judge of the 11th Judicial Circuit Court, T. Ciapha Carey, has expressed discontent with Stipendiary and Associate Magistrates for reportedly contributing to overcrowded prisons by incarcerating individuals for minor offenses that could be resolved through conference hearings.

Judge Carey, who is presiding over the 13th Judicial Circuit Court in Kakata for the August term, cautioned magistrates to refrain from issuing criminal writs of arrest for minor offenses. Instead, he urged them to hold conferences to address such matters.

The judge highlighted the alarming situation at the Kakata Central Prison in Margibi County, which currently holds 204 inmates. Out of these, 42 have been sentenced, while 162 are pretrial detainees.

He pointed out that issuing criminal writs of arrest often leaves defendants with no other option than to file a bond; if they are unable to do so, they end up in jail, further exacerbating the severe congestion in the prison.

"Whenever a writ of arrest is issued by any of you, the next stage for the defendant is to file a bond. If they can't do so, the defendant ends up in jail, and our prison is already overcrowded. Please use the conference system for minor offenses," Judge Carey pleaded.

The judge also urged the Ministry of Justice, through the County Attorney, to visit the prison regularly to ensure that pretrial detainees are not held beyond the statutory period without being tried or indicted.

"If you can't indict, please release with the right to refile as provided by law," Judge Carey cautioned.

He further called on public defenders to visit the prison and listen to the concerns of pretrial detainees, many of whom are behind bars for bailable and minor offenses, in order to help secure their release.

Judge Carey emphasized that the court is the last hope for justice on earth and that judges must live beyond reproach to serve everyone impartially, free from personal interest.

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