PHOTO: Judge Carey delivering his charge
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- As the Liberian Judiciary struggles to battle a spell of corruption in the system, the Judge of the Criminal Court ‘C’ is urging his fellow Judges to always be reminded that “judgement should not be for sale”.
In his charge delivered during the opening of the November 2021 AD Term of the Criminal Court on Monday, November 8, 2021, Judge Carey said that Justice may be delayed but justice is not denied.
The assertion by the assigned Circuit Judge of the Criminal Court ‘C’ Judge comes in the wake of criticisms of the Judiciary in some quarters that “Justice is for the highest bidder” in Liberia.
A statute on the wall of the Temple of Justice with a lady blindfolded with a scale and sword depicting that justice is blind, with the inscription, “let justice be done to all”, something that triggers big debate among visitors to the seat of the Judiciary on Capitol Hill in Monrovia.
Cross-section of lawyers attending the ceremony
Delivering his charge on behalf of the five Criminal Courts ‘A, B,C, D’ and ‘E’, judge Carey promised that justice will be dispensed expeditiously to all who seeks justice, adding that it will be rendered without fear or favor, no matter who is involved.
He also pledged to maintain the independence of their various offices and to give hope that the court is where to run for judicial relief.
As Judges and administrators of Justice, we seek no approval or authorization from any source for out actions or decisions rendered in cases, neither do we wait until there is an echo from the crowd backed by numbers before we can act. Our decisions and actions are ours alone based purely on our inner conviction driven by settled Principles of Law,” Judge Carey said.
The Criminal Court ‘C’ explained that Justice is in Liberia is illustrated by a woman holding scales and sword with her eyes blindfolded, which he said represents the idea that everyone who appears to seek justice is equal before the law and will be treated fairly, irrespective of his or her social, political, cultural, economic or religious affiliations.
Judge Carey added that the Judiciary as a custodian of equal and impartial justice is committed to ensuring that justice prevails in all cases brought before the courts.
He urged all citizens and foreign residents to be in full compliance with the rule of law and encouraging them not to take the law into their own hands adding that Liberia is a country of laws and not men.
“If you are aggrieved, please seek legal redress and everyone irrespective of their status, must have respect for the rule of law which is very cardinal in dispensing justice,” Judge Carey narrated.
The assigned Judge of Criminal Court ‘C’ disclosed that without the rule of law, Charles Darwin theory which talked about Survival of the fittest could be the order of the day, indicating that everyone has an inherent role to obey the laws of the land; nobody is above or below the law.
Warning to judicial staffers
Judge Carey also urged judicial staffers to do the job assigned to them and stop interfering with cases when they not lawyers.
He called on state prosecutors to start visiting prison compound to get firsthand information on pre-trial detainees who have overstayed without being indicted or tried and to the Public defenders.
“Please provide adequate legal representation to your clients among others by following the appeal process whenever, they announce an appeal and they should also visit prison compound to know the inmates that have overstayed without being tried or indicted to enable them file the necessary motion for their release, by avoiding the over crowdedness of the prison,” the Criminal Court ‘C’ Judged told state prosecutors.
“To the Jurors, you have not come to get reward from anybody for the service you are here for but rather a civic duty for your country and you are not to engage yourself in any act that undermines the jury and court systems, if you are caught soliciting brides, you be investigated and if found guilty, you would also be dealt with in accordance with law controlling,” Judge Carey said.
Judge Eva Mappy-Morgan weighs in
Responding to the charge, the Chief Judge of the Commercial Court, Eva Mappy Morgan joined Judge Carey’s call on both state prosecutors and public defenders to perform their jobs accordingly.
Judge Morgan urged public defenders to take charge by visiting various prisons to know what landed those pre-trial detainees behind bars.
And by doing so, she said they will know how to file the appropriate motion to release or speed up their cases.
Judge Morgan also called on her fellow judges to continue carrying on their civic duties and maintaining the independence of the Judiciary.
Public Defender on criminal appearance bond
For his part, the coordinator of the public defenders, James Flomo said he appealing to the public to have more insurance companies to ensure criminal appearance bond for defendant.
He added that the Public defenders program is very strong but logistics constraints remains a major challenge and indicated that let there be a transparent justice.
Furthermore, he called on state prosecutors and public defenders to work together in adjudicating cases speedily, as a means of reducing over crowdedness of prison and a pre-trial conference call also help to reduce the over crowdedness of prison.
SG Cllr. Cephas goes spiritual
Also responding to the Judge’s charge was Liberia’s Solicitor General Sayma Syrenius Cephas, who went Biblical by referring to Mark 11:27-33, which illustrates Jesus, pharisees, Sadducees and the scribes.
SG Cephas also said the scripture illustrates believers, disbelievers or unbelievers.
The Liberian Solicitor General said that never in the history of Liberia, the court has been independent, because it has been difficult for the state to lose cases, but he said that the Judiciary is now completely independent, thus losing many cases nowadays.
According to SG Cephas, when the case goes in favour of a party, the court in Liberia is independent.
But he added that when it is against party litigants, the court is bias, judges are belle-driven and all sort of names, he referred to such people as unbeliever.
He said people should give what belongs to the court and give politics to what belongs to politics and don’t give the court to politics or politics to the court.
Meanwhile, Liberia’s Solicitor General Cephas has said that the role of state prosecutors is not to convict but to ensure that justice is served.