Liberian Judge Warns, As She Expresses Frustration Over Pre-Trial Detention
PHOTO: Criminal Court ‘D’ Judge Mameita-Jabateh-Sirleaf.
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- The Newly-Commissioned Judge of Criminal Court ‘D’,Mameita Jabateh-Sirleaf has called on the Liberian government of Liberia to provide resources to ensure that criminal cases are timely tried to protect the right of the accused in pre-trial detention.
She said this is a violation of the right and security of detainees and those out of jail, warning that the accused will be released if government fails to make funding available to prosecute Criminal cases.
Criminal Court ‘D’ is the circuit court which tries armed robbers and other harden criminals, but prosecutors have been complaining for months about the serious lack of financial resources and logistics to prosecute increasing number of criminal cases. And the number of pre-trial detainees continues to swell both in the capital, Monrovia and around the country.
Delivering the charge at the opening of the Criminal Courts ‘A, B, C, D&E May 2023 term of court , Judge Sirleaf noted that the authors of the constitution was that the government of Liberia should prioritized and mobilized enough resources for the speedy prosecution of criminal cases.
Lawyers and others attending the court opening
The Liberian female Judge said that the way forward is to mobilize and make funds available to prosecute all criminal cases.
“As an interpreter of the law now, I will be constrained to follow the detail of the law that is, to interpret the law as it should be and it may be bad to release people accused of felonious crime, such as army robbery, but it will be equally wrong and illegal to detain an innocent person in jailed for a long period who have not been found guilty,” Judge Jabateh-Sirleaf said.
She said the way forward is to mobilize and make funds available to prosecute all criminal cases.
According to her, a prolonged detention without a trial is a violation of rights, and therefore if anyone should infringe on the constitutional rights of citizens, they too have the right to come to court for redress.
‘’I am aware of the acute shortage or lack of adequate funding to support the speedy prosecution of criminal cases and I have observed over the years that at times it is difficult for prosecutors to have access to funds for the prosecution of criminal cases,’’ she noted.
Judge Jabateh-Sirleaf also said that it is common knowledge that prosecutors were constrained to strike action in demand for their allowances and other benefits.
However, the Judge of Criminal Court ‘D’ has called on Judicial staffers, Lawyers, Ministerial and clerical staff, members of the jury who will be working to equally reaffirm their oath and allegiance to the process, adding that they have a role to play in ensuring that the system of justice remains responsive to the needs of the people.
According to her, a prolonged detention without a trial is a violation of rights, and therefore if anyone should infringe on the constitutional rights of citizens, they too have the right to come to court for redress.
‘’I am aware of the acute shortage or lack of adequate funding to support the speedy prosecution of criminal cases and I have observed over the years that at times it is difficult for prosecutors to have access to funds for the prosecution of criminal cases,’’ she noted.
She continued that it is common knowledge that prosecutors were constrained to strike action in demand for their allowances and other benefits.
However, Judge Jabateh-Sirleaf has also called on staffers, Lawyers, Ministerial and clerical staff, members of the jury who will be working to equally reaffirm their oath and allegiance to the process, adding that they have a role to play in ensuring that the system of justice remains responsive to the needs of the people.