-Suspension recommended by Judiciary Inquiry Committee
By Garmah Never Lomo, garmahlomo@gmail.com
An alleged corruption racket is hovering over the Judge of the Commercial Court at the Temple of Justice in Monrovia, Richard Klah.
This come in the wake of what is seen as rising public mistrust about the rule of law in Liberia and it comes hard on the heels of a number of local and international human rights reports of rising tide of corruption in
Now, a Judged is being subjected to probe for allegedly receiving bribe and having dealings with both parties in a debt of action for attachment case before him.
Judge Clarke was presiding over Action of damage by attachment, involving a Lebanese businessman identified as Moussa Abdulkarin, who had sued Mr. Swansey Fallah for US$200, 500.
According to Mr. Fallah who complained to the Chief Justice that Judge Clarke met him in the corridor of the court and allegedly told him to enter his office but should not tell his lawyer.
The complainant, Fallah also alleged that Judge Clark told him to give US$500,000 and he Judge Clarke can make him win the case. But Fallah’s complainant alleged that he gave US$19,700 to Judge Clarke the first time and gave and additional US$6,000.00 the second time in the presence of his friend.
Judge Clarke however denied the allegations.
The complainant then wrote the Chief Justice of the Supreme Court of Liberia, who sent it to the Judiciary Inquiry committee for further inquiry.
During the investigation by Judiciary Inquiry committee, Judge Richard Klah is said to have lied from the very beginning and even swore on the Bible under oath that he had never interacted with Sweansy Fallah. The Judge also claimed that he never had any conversation with his accuser, adding that if what victim Fallah is saying about him is true, the Judiciary inquiry committee should take any decision against him.
After denying several times that he had never received any money from Swansey Fallah, when Judge Clarke’s phone was requested by the Judiciary Inquiry committee to search his call log, it was proven that the Judge of the Commercial Court had indeed called both the complainant and Mr. Abdulkarin over one hundred times.
Judge Clark call log on both the Orange and LGSM companies, it was also proven that he was in constant communication with both parties in the case, but the person who gave him higher money was the one who won the case.
The embattled Judge was therefore questioned by the Judiciary Inquiry committees why he was in constant communication with both parties, when he is serving as Judge in case, instead of dealing with their respective lawyers.
Judge Clarke was therefore deemed in violation of the Judiciary Canon and it was also unethical to talk to parties during a case. After the Fallah lost the case, all properties along with his bank account were seized, something that prompted the complainant to complain Liberian to the Chief Justice.
With all the allegations lvied against Judge Klah, he challenged the Judiciary inquiry committee report which the matter was to the justice in Chamber but again challenged the justice in Chamber which the matter was taken before the bench.
However, lawyers representing Judge Clarke, Cllr. Lavel Supuwood who was the lawyer for the complainant said, the issue of bribery against his client was based on speculation, not by evidence.
Cllr. Supuwood, a former Liberian Justice Minister, also said that there was no evidence to support the claim of the complainant, something that prompted the Chief Justice to express surprise at Cllr. Supuwood.
The former Justice Minister was serving as lawyer for the complainant and coming to defend Judge Klah at the same time.
Meanwhile, the Amicus Caraie (meaning friend of the court), Cllr. Cyril Jones has said the full bench of the Supreme Court is to act upon the recommendation of the Judiciary Inquiry committee.
The Judiciary Inquiry committee at the same time recommended that Judge Clarke should be suspended for one year, three months.
According to Judiciary Inquiry committee, the punishment for violators are fines, warning, restitution and suspension and Supreme is yet to decide the fate of Judge Klah.