PHOTO: (L-R) Rodney Sieh, FPA Editor and Festus Poqui, New Democrat Editor
TEMPLE OF JUSTICE, Monrovia- Criminal Court “C” presided over assigned Circuit Court Judge OUSMAN F. Feika has purged the Contempt of Court charges slapped on the Managements of two Liberian daily newspapers, but conditionally.
As Garmah Never Lomo reports, the Court today, Wednesday, September 1, 2021 purged contempt charges against the managements of Front Page Africa and the New Democrat newspapers, but with conditions, following a plead by the Defendants’ Counsel, Cllr. Tiawon S. Gongloe.
The two newspapers fell into trouble with the court in their reportage of certain recent aspects of the Brownie Samukai corruption trial.
They are to be cleared of the contempt charges, if and when Defendants will publish in their respective Newspapers and on their front pages a retraction of the erroneous stories carried in their papers and also adequately inform the public about the operation of the court especially so the one provided by the Court today, September 1,2021.
Cllr. Tiawon Gongloe
According to the court’s decision, the retraction must say that no Judge of concurrent jurisdiction has the authority to review and or undo the decisions and or actions of his colleague of concurrent jurisdiction.
It also says, That the mandate of the Supreme Court referred to in the stories for which these proceedings are being held, was never read by this judge, His Honor OUSMAN F. Feika and that no action whatsoever was taken as regards the said Supreme Court’s mandate by this judge for which the stories in the newspapers were attributed to him. The two Newspapers are hereby ordered to do the retraction for two days as ordered by this Court.
Appearing for the Defendants, Cllr. Gongloe prayed the Court to purge the respondents of the Contempt Charge levied against them, for the following reasons to writ:
Cllr. Gongloe, who is President of the Liberian National Bar Association, further said that the publications that caused the court to summons them contains factual errors that were not made with malice or reckless, disregard of the truth or any intent to undermine the dignity of the court to cast aspersion in any manner on the reputation of the presiding Judge.
Cllr. Gongloe added that the reporters that carried the story were only recently assigned to the Criminal Court “C” and are still going through the process of understanding the various aspects of court reporting,including term of Court, Chambers session, trial session among others procedures.
Details of the proceedings below:
WHEREFORE, and in view of the foregoing, Cllr. prayed the Court to purge the respondents of contempt and says that the errors or mistakes made by the respondents (newspapers) will not be repeated as effort will be made by the respondents to familiarize themselves with court proceedings and processes.
It can be recalled on Monday, August 30,2021, Criminal Court C Judge, OUSMAN F. Feika issued a writ of arrest against the Management of Front Page Africa for their failure, refusal and neglected to sign for and receive the writ of summons according to the Sheriff’s returns.
The Clerk of Court was order to issue a Criminal Contempt of Court on the management of the Front Page Africa along with a writ of Arrest and place same in the hand of the sheriff of this Court to have the said management arrested and have them appear before this Court upon effecting said arrest.
The Court therefore, takes cognizance of the fact that one of the defendants in these proceedings in person of the Management of the New Democrat Newspaper appeared in court as the per writ of summons issued out of this Court on Friday August 27,2021, and the request by the Defendant, New Democrat Newspaper for time in order to be represented by Counsel in these proceedings, this court says that upon said request, it gives the management of the New Democrat Newspaper up to Wednesday, September 1,2021 to find or contact their lawyer to represent their interest in these proceedings and appear in court for the continuation of these proceedings on the self-same day that is to say September 1,2021 at 10am.
The writ of summons issued on Front Page Africa said, you are hereby commanded to summons the Management of Front Page Africa, to appear before Criminal Court C first Judicial Circuit Court Montserrado County on Monday August 30,2021, at 12:00 to show cause, if any, why the management should not be held in contempt of Court for wrongfully Reporting in it’s Vol. 15 No.141, Friday August 27,2021, Edition, Under the Caption,”Samukai Suffers Setback As Government Wants His 50% Payment Revoked; says All Co-defendants Must Jointly Pay 50% of US$1.3M”, Found on Page 8 As follows:
“The legal proceedings involving former Defense Minister J. Brownie Samukai and others convicted for Misappropriating the Armed forces of Liberia pension will have to delay up to September 6,2021, following a Bill of information filed by the Ministry of Justice against Irregularities’ by Criminal Court C by Judge OUSMAN F. Feika and Co-defendant Samukai and others.
The management aforesaid has wrongfully made the above quoted publication against the presiding Judge and Criminal Court “C”, thereby subjecting him and the Court to show cause why it cannot be held in Contempt of Court for it wrongful publication against the court and the presiding Judge, His Honor OUSMAN F. Feika.
The New Democrat Newspaper summon said, you are hereby commanded to to summons the Management of the New Democrat Newspaper before Criminal Court C, the first Judicial Circuit Court of Montserrado County on Monday August 30,2021, at 12 noon to show cause if any, why the management should not be held in Contempt of Court for wrongfully Reporting in it’s Vol. 28 No. 106, Friday August 27,2021, edition under the Caption Samukai’ Future Uncertain.
The presiding Judge was forced to halt a pretrial hearing in the Brownies Samukai’ case yesterday after he was informed that prosecutors file a pleading seeking to probe irregularities by presiding Judge OUSMAN F. Feika and Co-defendant Samukai and others the publication said.
The writ of summons further added that the management aforesaid has wrongfully made the above quoted publication against the presiding Judge and Criminal Court C, thereby subjecting him and the Court to public ridicule.
Hence, this writ of summons citing the management to this court to show cause why it cannot be held in Contempt of Court for it’s wrongful publication against the court and it’s presiding Judge, Honor OUSMAN F. Feika.