As Criminal Cases Dominates Docket In The August Term Of The Court In Maryland County
PHOTO: Judge Tokpa of the 4th Judicial Circuit Court
By Henry N. Korlenky
HARPER, Liberia- The Fourth Judicial Circuit Court in the southeastern city of Harper, Maryland County has opened its official August term of court, with presiding Judge Nelson T. Tokpa warning against interferences in the judicial system by some political actors.
This, he said, is in contrast to the institutional independence of the judiciary guaranteed by the Liberian constitution to all trial judges and magistrates.
According to him, more trial judges and magistrate are not insulated from legislative and executive pressure in Maryland County.
Judge Tokpa noted that over the years especially during these critical electoral periods, party litigant instead of taking their cases to the Supreme Court on an appeal bases or by other legal means available for the proper legal redress. But instead, the Judge said that are in the constant habit of taking their cases to lawmakers from the County and the executive to influence and/or overturn judgments or decisions when they are adjudged liable or convicted by the respective courts.
The Maryland County Circuit Court Judge described such acts is a form of threat to the judicial independence under the constitution.
Judge Tokpa further emphasized the need for the Judiciary to be given the chance to exercise its independence guaranteed by the Liberian constitution, saying that it is only the Judiciary that has the power to render judgment, so it has to be protected by outside influence by providing safeguard to its independence.
On the docket of the in this term are six criminal cases and five civil cases.
They are two statutory rape cases, aggravated assaulst, one murder case on motion for appeal, theft of property misapplication of entrusted property criminal conspiracy forgery, violation of PPCC process and procedures and public financial management law of 2009, economic sabotage, theft of property, bribery, unlawful rewarding of public service and criminal conspiracy.
Delivering his charge during the opening of the 4th Judicial Circuit Court on Monday, August 14, 2023 in Harper, the Resident Circuit Judge Tokpa stated:
“As I officially declare the fourth judicial circuit court open today for the transaction of official business for the term permit me to draw your attention on one of the many issues currently confronting the court system of the county which are considered threat to the judicial independence and rule of law in Maryland county. Lawyers and politicians in the past and present know one of the great contributions our constitution have made and continue to make to our constitutional democracy is the ideal of separation of powers.”
According to Judge Tokpa, it is the constitutional duty of the court to declare all acts contrary to the constitution.
He said the constitution gives the Judiciary the power to say no to the executive when they overstep the limits of their constitutional power, in this way the constitution tries to insulate judges and magistrates from public pressures that will affect elected officials of the government.
While speaking to team of Reporters on Monday morning in Harper, the Resident Circuit Judge lamented that the constitution protects judicial independence and not to the benefit of judges and magistrates, but to promote rule of law, equality before the law and ensure justice in every case throughout the republic of Liberia.
Accountability crucial
At the same time, Judge Tokpa has noted that when he talked about judicial independence, he does not mean there is lack of accountability to the law written and enacted by the honorable Legislature.
He explained that trial judges and magistrates are philosophical not free agents of government in dispensing justice.
Judges and magistrates must follow the constitution, the laws and must render judgment to set presidents not based on their own political interest and predilection.
“We are expected to approach every case with an open mind and renders unbiased judgment. We must be impartial and nonpartisan at all time, especially during these critical periods of our national elections,” the resident Circuit Judge cautioned judicial actors.
He further stated that judicial independence consists of intellectual honesty and dedication to the enforcement of rule of law regardless of popular sentiment, personal interest, and the ability to render decision in the absence of political pressure without fear or favor and timely as it is often said justice delayed is justice denied.
Judges, Magistrates receive threats
Meanwhile, Judge Tokpa has claimed that trial judges and magistrates received threat of violent on numerous occasions from party litigant, their family members or citizen for judicial action taken by respective courts in the county.
“It can be recalled that in 2022 and during the February term of court in 2023, one Tigbaway of the city of Harper constantly threatened to kill me (Judge Nelson T. Tokpa resident circuit judge of Maryland county) along with other court workers and the two defendant who were charged with murder and criminal conspiracy for granting them bill while the matter was pending before the court for trial. He is currently serving sentence at the River Gee County prison facility on the count of the said threatened remark made against our lives and the lives of the defendants,” said Judge Tokpa.
The Judge also disclosed that another threat observed is through the airwaves. This is when party litigants take their cases to the public space through radio talk show and print media against magistrates or judges for decision or judgment made by court in the county for the public to judge judges, an act which the Fourth Judicial Circuit Court Judge described as a form of threat.
The Judge also cited the vandalizing of the Harper Central Prison facility in the as a form of threat that hinders speedy trial.
He also lauded former Maryland county senator and now CPP senatorial candidate H. Dan Morais for single-handedly renovating the vandalized prison compound.
The judge assured the public that the court is fully prepared to dispense justice without fear and favor with the present of the prosecuting and defense lawyers in this August term of court.
However, Judge Nelson T. Tokpa has reaffirmed his commitment to dispensing fair justice to those who deserve justice.
He at the same time cautioned those who think they can interfere with the justice system the law will be used against them.
Police Commander on lack of logistics
There are three arms of the Criminal Justice System—the Police/security, the courts and the Correction center/prisons.
Speaking at the court opening in Harper, the deputy commander of police in Maryland County, Chief Superintendent Layee N. Massaley spoke of serious challenges his men are facing, citing the lack of mobility as one of their difficulties.
Deputy commander said that there are no motorcycle and vehicle to speedily respond to crime scenes, since the police vehicle the detachment had was damaged by protestors since three years ago.
He however, said the police in Maryland County still remained committed to aiding the court in implementing judicial order.
The local police official promised to keep working to minimize the commission of crimes and all forms of violence against women and children in the county.
Public Defenders also decry political actors’ interference in the Judiciaty
Speaking on behalf of the public defense council Attorney, Adolphus Taylor cautioned the citizens and residents of Maryland County to stop tempering with the justice system in other to maintain the peace and stability of our country.
He said the law is the law and that when judgment is render by respective courts, the decision of the courts should be respected by the public.
Public Defender Taylor said the independence of the judiciary need to be upheld for the country to be stabilized.
There is no court around the world that will come up with a decision of making both defendants and complainants liable or not liable in a case, Taylor said, adding that everyone will never be satisfied with the ruling of courts.
Harper Mayor assurance
The newly appointed Mayor of the city corporation of Harper, Melchizedek Hne Toe reaffirmed the commitment of the City Corporation in aiding the court maintaining and implementing the law.
He said if anyone contravened the law the law should deal with them through the due process of the very law.
Mr. Toe further explained that it is incumbent upon the lawyers to inform their clients about how the law works in the court.
“If we continue on the trajectory which says the law should close eyes on certain things than which mean our people will not get on the rightful trajectory,” the Harper city Mayor said.