PHOTO: Suspended Magistrate Wheagba
By Garmah Never Lomo, garmahlomo@gmail.com
Many had expected the Magistrate of the Cestos City Magisterial Court in Rivercess to have faced the wrath of his bosses at the Temple of Justice, ever since he publicly admitted on State radio on July 7, 2021 that he has been compromising rape cases.
But now three months later, the stick has finally landed on Magistrate Ben-jones Wheagba, Sr.
The Supreme Court of Liberia headed by Chief Justice Francis S. Korkpor over the weekend (on Friday October 29,202) suspended Magistrate Wheagba for six months without pay and benefits.
Suspension letter from Chief Justice
But since admitting compromising rape cases at the Magisterial level, he was actively presiding over cases in that area.
The conduct of magistrate Wheagba is in violation of Judicial Canon Ten. ESSENTIAL CONDUCT OF A JUDGE.
It says a judge should be temperate, attentive, impartial and since he is to administer the law, interpret it and apply it to the facts, he should be studious of the principles of the law and diligent in endeavoring to ascertain the facts.
The latest decision was taken against magistrate Wheagba, following a report compiled and forwarded to Chief Justice Francis S. Korkpor for onward decision by Associate Justice Joseph N. Nagbe, under whose supervision Rivercess County falls at the level of the Supreme Court.
Further investigation revealed that Magistrate Wheagba is not even a high school graduate, neither is he able to speak standard English.
It has also been alleged that is not a magistrate who has been trained by the Judicial Institute but he has grossly involved with compromising cases at the magisterial level and those cases can never see the face of the Circuit Court for trial.
In this case, rape survivors in Rivercess County have been sexually abused by perpetrators and left alone without justice, due magistrate Wheagba alleged compromise behavior.
There are also reports that most of the rape cases that go before Magistrate Wheagba,are all cases of relatives. And whenever those relatives of the perpetrators talk with him to release the alleged rapist, he usually listen to them and go ahead with his release order instead of using the law.
When Magistrate Wheagba was contacted by www.newspublictrust.com on Tuesday July 6, 2021, he denied said allegation against him but admitted it on state radio on July 7,20121.
This head of the Cestos Magisterial Court admitted on state radio that he has been grossly compromising rape cases due pressure from rape survivors family and County authorities.
Narrating on State radio ELBC’s Super Morning Show back in July, Magistrate Weagbah boasted that freeed one of the rape suspects, Nathan Bahn who is the son of the Cestos City Mayor.
Defending himself on state radio, Magistrate Wheagba added that he usually order rape survivor medical history from health facilities to form part of his record. But ordering rape survivor’s medical history doesn’t fall under the jurisdiction of the magistrate, rather the state prosecutors.
He admitted that only one rape case that he has compromised but the records showed that absolutely no rape case has been tried at the level of the Circuit Court, due to the compromising behavior of Magistrate Wheagba.
Controversial Magistrate Wheagba told News Public Trust via mobile phone that according to law he has seventy-two hours to transfer a rape and murder Defendants to the Circuit Court adding that he has all his transfer documents to the Circuit Court in his possession.
He described his allegations against him by Assistant Minister Wesseh as false, misleading and unethical.
Magistrate BenJones D Wheagba of the Cestos Magistraterial Court has been accused by Assistant Minister Wesseh A. Wesseh of being in the constant habit of always releasing a rape suspects, sometimes on bail and at times released them without bail. This is a situation that has been seriously encouraging alleged perpetrators and an increase in rape cases due to this Compromising behavior of Magistrate Wheagba.
Evidence in the possession of News public Trust showed that this Magistrate has no Jurisdiction over rape cases but he has been in the constant habit of release rape suspects without the consent of the County Attorney neither those with in the Justice sector.
In July and August of 2020, Magistrate Wheagba released two rape suspects from the Cestos Central Prison in Rivercess County without bail neither did he explain his reason for their release.
In April of 2020, Magistrate Wheagba wrote the St. Francis Medical Center in Cestos City, Rivercess County for a medical report of a rape survivor something that is far above his Jurisdiction and ordering of Medical report squarely lies on the head of the prosecutors.
According to Minister Wesseh, the Ministry of Justice through the County Attorney has written several communications to the Circuit Court Judge of 14th Judicial Circuit Court in Rivercess. But no intervention had been by the Circuit Court Judge.