Monrovia — Assigned Judge George W. Smith of the 12th Judicial Circuit, Grand Kru County, has leveled serious accusations against Chief Justice Yamie Quiqui Gbeisay, claiming the Chief Justice endangered his health and violated his "universal human right to health" by assigning him to a remote area.
Addressing judges, lawyers, and judicial staff on Monday at the official opening of courts, Judge Smith claimed the decision was an act of "oppression, suppression and authoritarianism."
Health Request Denied and Refund Withheld
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Judge Smith revealed he had recently undergone a "critical medical operation." He stated that prior to his assignment, he appealed directly to Chief Justice Gbeisay, asking to be assigned to a circuit near Monrovia or one with access to referral hospitals, instead of the remote circuits of Grand Kru, Sinoe, and River Gee.
"The violation of Judge Smith's and his family's universal human right to health will not absolve him from legal liability in his personal capacity in the event I am seriously harmed," Smith warned his audience.
According to Smith, the Chief Justice refused his medical plea, allegedly using the pretext of judicial reform, rebranding, and maintaining work ethics.
Smith further detailed a separate financial grievance:
He reminded the Chief Justice to refund US$3,280 he had personally used to pre-finance some work at the Civil Law Court where he was previously assigned.
He informed the Chief Justice that he urgently needed this money to underwrite his medical expenses.
"Knowing that I was about to leave Monrovia for assignment, not even showing the least empathy for my medical condition, he demanded that I write a formal letter to him," Smith claimed.
Accusation of Power Flexing
Judge Smith argued that these actions are not genuine judicial reform.
"This is excessive abuse of power, an ardent desire to flex power," Smith declared. "This is oppression, suppression and authoritarianism -- the enforcement or advocacy of strict obedience to authority at the expense of personal freedom."
He cited both Liberian law and international conventions to support his claim regarding the right to health. Article 8 of the Liberian Constitution directs the Republic's policy toward ensuring "humane conditions... towards promoting... health."
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He also referenced the Convention to the Right to Health, stating that the obligation to protect requires states to prevent third parties--in this case, the Chief Justice--from interfering with the right to health.
Context: Circuit Riding
Judge Smith titled his opening speech, "The Duty of Circuit Riding - Taking Justice and the Rule of Law to the Doorsteps of the People," which provided the backdrop for his accusations.
He praised the national benefit of circuit riding, noting it aims to maintain uniformity of legal rules across the country and helps judges familiarize themselves with the cultural and socio-economic lives of the people they serve. However, he implied the Chief Justice used this duty not for the benefit of the people but as a tool for personal power against him.
Meanwhile, Chief Justice Gbeisay had not responded to Judge Smith's accusation at the time of publication.
