PHOTO: ZuBallah A. Kizeku
By Garmah Never Lomo, garmahlomo@gmail.com
BOPOLU, Liberia- The Resident Circuit Court Judge of the 16the Judicial Circuit Court in Bopolu City, Gbarpolu County ZuBallah A. Kizeku has called on law enforcement officers to always get sufficient evidence on suspects before being arrested, detained and sending them to Court.
Gbarpolu is situated over 203 kilometers northwest of Monrovia.
Judge Kizeku was speaking when he delivered his Charge at the opening of the August term of Court on Monday, August 9, 2021 on the topic, Experience.
He said life is difficult on earth because men are very wicked.
Judge Kizeku narrated that law enforcement officers usually get tipoff and arrest people illegally and detained them without proper investigation, thereby denying them their constitutional rights.
Most often when Suspects are arrested, the Gbarpolu County Judge said, they are not reminded of their Maranda or constitutional rights, adding that before people are arrested, they must be told the reason why they are arrested, something he said many law enforcement officers are in violation of.
Currently, the Court has sixteen criminal cases and one Civil case on its docket for this August Term of Court A.D. 2021.
Some of those present in court, including law enforcement officers
According to Judge Keziku, in most instances a foreigner or drug dealer will be caught, but only the transporter of the drug will be sent to court, while the main perpetrator(s) are released.
The 16th Judicial Circuit Court Judge regretted that some law enforcement officers at times behave as though the law was only for the highest bidder saying, only the individuals with money will be released, while only the man without money will be changed and sent to Court in most cases.
This he frowned on, describing such action as unfair.
“The Biggest Questions Asked: Should arrest be done before evidence gathered or evidence should be gathered be arrest?
To answer these questions there are two formulas, and which one is preferable? Should Tip, arrest, detained, investigate and evidence or
Should Tip, evidence, arrest, investigate and detained.”
Judge Keziku further said that whenever there is detention and charges before evidence, the court dockets are overloaded and there is overcrowding of prisons, thereby putting burden on the state in terms of resources.
During Criminal investigation, investigators usually overlook Maranda rights of the suspects by not telling the reason why are arrested, they should either remain silent or made statement before your lawyer, the Judge observed.
The resident Circuit Court Judge noted that most government cases start from the police stations and later sent to without proper investigation, something that usually cause embarrassment for the court both internally and internationally.
He therefore recommended that state security agencies need more training, especially in gathering evidence.
Judge Keziku has called for security or investigators to be penalized if found liable for not doing proper investigation before detaining anyone and sending people to court, in order to reduce the burden on the state.
Gbarpolu County Attorney promises to act
For his part, the County Attorney of Gbarpolu County Gabriel G. Wleh said he takes cognizance the Judge Kizeku charge in which evidence should be gathered before arrest.
County Attorney Wleh also said he took deep serious note and will collaborate with joint security to give suspects their constitutional or Maranda rights.
Also speaking was the Public defender of Gbarpolu, Cllr. Legbah M. Mulbah, who corroborated the Judge’s assertion, saying that these are situations they encounter with law enforcement officers on a daily basis.
Cllr. Mulbah accused some law enforcement officers of always in the constant habit of violating suspects’ rights during Criminal investigations.
Public defender Mulbah said he fully agreed with the Judge Kizeku’s charge delivered because it is exactly what usually happened.
Appeal for prison construction
Meanwhile, Gbarpolu County Superintendent, J. Keyah Saah has appealed to the Liberian Judiciary to construct a new prison facility.
He said the present facility in Bopolu City is a quick impact project, which was constructed to host only fifteen prisoners but is currently hosting more than forty-five prisoners.
Superintendent Saah said convicts need not to be kept at Prison facility due to its size.
He said this is also a form of another human rights violation adding most often he feed prisoners from his own pocket.
The Superintendent called on the joint security to use the law as their strength.