PHOTO: PHOTO: While Justice Min. Cllr. Dean and SG Cllr. Cephus in public rift
By Garmah Never Lomo, garmahlomo@gmail.com
State prosecutors working with the Justice Ministry have threatened another go slow action slated for August A.D. 2022, term of court, if their demand for better pay, financial support and other logistics are not met.
The decision was reached through a resolution over the weekend at a one-day mini-convention held by the National Association of Prosecutors of Liberia (NAPAL). It was held under the general theme: Tackling pre-trial detention to enhance rule of law in Liberia: Role of prosecutors with co-theme: fighting human trafficking and child labor; forging collaboration amongst justice actors.
According to the stat prosecutors’ President, Cllr. J. Adolphus D. Karnuah, during the 2021 term of court, prosecutors went on a go slow action against for the reduction in their salaries, not receiving scratch cards, delay in prosecution funding. They are also dissatisfied over the lack of assigned vehicles to County Attorneys in rural counties.
But despite their go-slow action last year, none of their demands were met. Government through the Justice Ministry said they were looking at their plight, as they agreed to call off the 2021 go-slow action.
The latest threat of go-slow action by state prosecutors come in the wake of a growing public rift between Justice Minister, Cllr. Frank Musa Dean and the Solicitor General, Cllr. Syranius Cephus in recent weeks.
According to Cllr. Karnuah, their go-slow action should have taken effect for this May A.D. 2022 term of court, which will be opened on the second Monday in May. But he explained that given that the time is very close, they have decided to give maximum time to the Justice Ministry to address their plight before August this year.
In a speech delivered at the Mini convention, Cllr. Karnuah added that few of the excruciating and unbearable difficult problems facing prosecutors at the Ministry of Justice are the reduction in their meager salary which has reduced prosecutors to the level of mere beggars; the discontinuance of fuel and scratch cards supplies; the lack of government assigned vehicles is one of the crippling problems prosecutors are enduring currently.
It is said that the condition facing state for prosecutors is worsening, with the delay and sometimes nonpayment of prosecution funds among the the mounting problems facing prosecutors at the Ministry of Justice.
“Our members assigned in the southeastern part of the country are bearing the blunt of the neglect made mention of Supra says Cllr. Karnuah. Something needs to be done urgently if we Liberians are serious about fighting crimes and ensuring security for all. Prosecutors of Liberia need to be considered essential in ensuring the adherence to the rule of law and the fight against crimes prosecution,” the President of the State Prosecutors Association narrated.
Labour Minister address state prosecutors
Serving as keynote speaker during the Mini convention held by state prosecutors, Labor Minister Cllr. Charles Gibson said that in tackling human trafficking in Liberia, they have constituted a committee of the national task force against human trafficking and child labor, which includes the director of police and the immigration chief among others.
The Labor Minister disclosed that out of seven human trafficking cases, the task force won six and one was a hung verdict.
According to him, they were delighted to identified with some prosecutors by collaborating with the Justice Minister who was kind enough to grant some private lawyers letter of patent to join state prosecutors in prosecuting human trafficking cases.
Each private lawyer has an allotment of US$10,000 per year and they provide incentives for state lawyers who part during the prosecution of human trafficking cases both in Montserrado and other counties.
He called on lawyers not to waste time behind cases that they don’t have evidence for and in fact not every case can go to court because lawyers need probably cause from police which lead them to trial and in the absent of that, you can’t win cases.
“It important that prosecutors be given the necessary financial support to win cases and a priority should be given to a particular case before going to trial and called on state prosecutors not to bow down to public pressure especially when there is no sufficient evidence,” Cllr. Gibson narrated.
The Liberian labor Minister told the gathering that human trafficking and child labor are important elements for which Liberia as a nation is graded internationally.
Based on those grading, they either have increased or decreased in donor support adding that anytime we have a down scale, we can’t donor support coming to many programs.
The important role played by state prosecutors is to rank Liberia high on the index of prosecution and without their efforts, other sectors of the economy won’t support and their achievements in winning cases is germane.
As for the pre-trial detention aspect, Cllr. Gibson said pre-trial detention can be influenced pressure placed on the prosecutors to take cases to court if even there is no evidence.
Speaking further, Cllr. Gibson indicated that putting unnecessary pressure on lawyers to take cases to court largely contribute to pre-trial detention.
Don’t take case to court because you want to please the public because when the case on trial, you be the loser and the judge will not do what you can’t do for yourself adding that unnecessary cases lead to acquittal when there is no evidence.
He however, encouraged lawyers to get involved with trafficking in person cases because the funding is available.
For her part, Lofa County Circuit Judge, Nancy F. Sammy recommended that when a criminal defendant is charge with the commission of a crime, prosecution should timely drawn an indictment and immediately prosecute the case. In so doing, it will help to reduce the overcrowding of prison.
Also defendants could be released on personal Recognizance or be released to a permanent citizen in the community or their passport be seized while they are out which help reduce the prison overcrowding.
More besides, she said when a defendant held for minor offense proffer a bail bond, it shouldn’t be a challenge for the judge or magistrate to approve it. Noting that due to the lack of poor prison conditions, it is difficult to separate between prisoners and those awaiting trial due to inadequate accommodation at prison facilities.
Meanwhile, Judge Sammy told prosecutors to make use of the Criminal procedure law Chapter 18.1 which talks about nulle prosequing cases, which may also help to reduce prison overcrowding.