By Never G. Lomo,garmahlomo@gmail.com
Grand Bassa County 2nd Judicial Circuit Court Judge, Joe S. Barkon wants the criminal procedure law Right on Appeal to be amended.
Judge Barkon made the disclosure on August 12, 2019 when he delivered his charge during the formal opening of the August term of Court in Buchanan City Grand Bassa County.
Grand Bassa County 2nd Judicial Circuit court Judge Barkon disclosed that Chapter 24, section 24.3 of the Criminal procedure law of Liberia under the Caption, “Right to Appeal by the Republic” clearly states that “an appeal may be taken as of right by the Republic from (a) an order granting a motion by defendant to dismiss the indictment or (b) order granting a motion for judgement of acquittal.
Delivering his charge, Judge Barkon said this provision of the law applies also to both magisterial courts and justice of the peace court as well and that it limits the state or the Republic from announcing an appeal from a judgement of the case on its merits, especially before a magisterial or justice of the peace court involving criminal cases of sensitive nature that could require appellate review before a circuit court.
According to Judge Barkon, this provision of law needs reform or amendment to reflect that the state or the republic be allowed to appeal from a judgement before a magisterial or justice of the peace and that said appeal serves a stay of the judgement in a criminal matter pending appellate review by the circuit judge as it is applied in Civil matter as mentioned above.
This provision of the law which sparked a huge debate during the opening of the August term of court which some lawyers said if the state or republic is to take an appeal, it therefore be injuring the magistrate courts.
Others added that if the state should take an appeal, with all the way they having challenges with city solicitor abandoning court already thus leaving the judge to serve as Judge de fecto meaning the Judge serving as Judge and also a jurors.
Debate continues that the state or republic is powerful in getting all the necessary resources and that statute was created to reduce the work of the courts.
Also responding to the Judge charge was the Chief Judge of the Commercial court of Liberia, Judge Eva Mappy Morgan during the deliverance of Judge Barkon charge she picked three things and one of such is Access to Justice which deals with training and educating people either by means of radio or workshop or other means to prevent people take the law into their own hands.
Judge Morgan said that concerning the law reform, she joined the presiding Judge Barkon in advocating for that but admonished counselor at law that they should be one appealing on behalf of their clients for the judge to tender sentencing with mercy but not the responsibility for judge to so.
The chief judge of the commercial court expressed that they as lawyer have the power in their hands to stop you from winning or losing a case or seizing your properties legally but called on lawyers to prosecute cases based on evidence.
Commercial Court chief judge urged lawyers to exercise due diligence toward their clients and encouraged every court staffs to take their work seriously as they all playing a key role in society.
Meanwhile, the President of the Liberia National Association Counselor Tiawan S. Gongloe said lawyers cover all sectors just like health practitioners who determine the cause of death and diagnose sicknesses.
LNBA president disclosed that lawyer have greater responsibility to excessive research by quote the right statute of law when on air into to avoid misleading the public if you do not sure of particular law citation.
Cllr. Gongloe narrated that on issue that was raised by the judge in his charge concerning an appeal taken by the state which talk about double Jabanty meaning cases will never end because the state has many resources.
The opening of court was well attended by Assistant commercial court Judge Cha Cha Peagar, G. Moses Peagar from LNBA President, Judge Eva Mappy Morgan, Cllr. Taiwan S. Gongloe, Grand Bassa Superintendent and Assistant Minister for Litigation at the Ministry of Justice Cllr. Wesseh A. Wesseh amongst others.