By Garmah Never Lomo,garmahlomo@gmail.com
The Criminal Court ‘C’ at the Temple of Justice in Monrovia has let the Editor and Publisher of the New Dawn newspaper off the court, after he was on the verge of being slapped with contempt charges.
Appearing in court on Thursday July 11, 2019, the lawyer representing the legal interest of defendant Othello M. Garblah, Eugene Massaquoi made a submission seeking the Court purged mercy against the New Dawn boss, who begged for mercy to Judge Peter W. Gbeneweleh to tender justice with mercy against the defendant.
They had earlier regret the headlines published in their Tuesday’s “July 9, 2019 paper under the caption PLOT TO EXONERATE DEFENDANTS” which had the expression: casting, potential doubt on the ongoing Sable mining trial, further, respondent promises to refrain from carrying such headlines in its New Dawn while the trial is ongoing.
The submission made by the respondent lawyer which Cllr. Tiawon S. Gongloe who was the Amicus Curiae meaning friend of the court, interposed no objection and, in fact joined the respondent’s council in pleading with the court to purge the contempt, although the caption had the potential of casting doubt over the integrity of the US$950,000.00 bribery trial involving Senator Varney Sherman and former House Speaker Alex Tyler. The Amicus Curiae strongly feels that the case not been a jury trial, the harm that could be done by any publication in a jury trial cannot be done in this case as Judge is both the judge of the law and judge of the facts in this case and cannot be persuaded or influenced by any Out-of-court influence or publication.
Meanwhile, Criminal Court C Judge Peter W. Gbeneweleh has purged contempt with mercy in favor of the New Dawn boss Othello M. Garblah which the Amicus Curiae meaning friend of the court interposed no objection.
The court said while it is true that the court has been embarrassed by the conduct of the respondent Garblah, the court has tender justice with mercy with a strong warning that, hereafter, the respondent’s reportage must be within the confines of the records of the court.
According to the court, any publication contrary thereto, will be punishable by contempt of court and they will have a complete file of the previous publications respondent made reference to, and will act in due course.
Criminal court C judge added that no one is above the law of Republic, and it is warning to all of everyone, that the court of the land must be respected and the court is the last place of hope for the settlement of disputes between parties on this earth. Therefore no one should politicize the court and play politics with the court, because the court determines and decides the ultimate rights of the people.
Judge Gbeneweleh disclosed that he cannot be influenced with his decision in the ongoing sable mining case and will render a fair and transparent judgement in this case like in other cases in the past; that is to say, absolutely nobody can influence him or will interfere with his independent judgement.
The Criminal C Judge stated that he took oath as a judge to uphold and protect the constitution and law of his dear country and will dispense justice without favor or fear but concluded that his judge’s charge with Leviticus chapter 19 vs 15, which says: Be honest and just when you make decision in legal cases; do not show favoritism to the poor or fear the rich.
He further said, the almighty God himself had set the qualities of a good judge to include honesty, fairness, neutrality and courage and these qualities are also included in their judicial canon.
Judge Peter W. Gbeneweleh added that the court took judicial notice of the law, that any act that embarrasses, belittles, hinder or obstruct the adminidtration of Justice is highly contemptuous.
He disclosed that the Caption “PLOT TO EXONERATE DEFENDANTS” showing the photos of Justice Nagbe and presiding Judge of Criminal Court C peter W. Gbeneweleh was so embarrassing to the court.
Narrating further, he added that Justice Nagbe and Judge Gbeneweleh are the defendants in this case that requested the court to Subpeona witnesses to testify for the defendants, which could justify a trained and professional journalist in Liberia to put their photos in the New Dawn newspaper.
Judge Gbeneweleh expressed that just as the prosecution has the right to subpeona witnesses to establish the allegations contained in the indictment to establish quilt of the defendants, the defendants also have that constitutional and statutory rights to subpeona witnesses tonestablish their innocence in this case and he see no legal and justificable reason why a journalist will have a headline PLOT TO EXONERATE DEFENDANTS on its newspaper when the defendants have asked the court for a Subpeona Ad-Testificadum Tecum.
The court said the respondent, New Dawn has justified in its action in his Thursdays publication by arguing its side of the contempt proceedings before its hearing and his last Thursday’s edition headlines of the New Dawn which says “New Dawn boss held in contempt” also concludes that the respondent is already guilty for contempt proceedings when he said, he had been held in Contempt, instead of he been cited for contempt.