Says A Lawyer Representing The Poor
PHOTO: Cllr. Bestman Darward Juah
By Garmah Never Lomo, garmahlomo@gmail.com
The lawyers who represent poor people accused of committing both felonious and non-felonious crimes across the country say the public defenders program need additional budgetary support from the government of Liberia and partners.
This will provide adequate legal representation as provided by law to Indigent criminal defendants across the country.
The right to legal counsel for those accused of crimes in Liberia is a right enshrined in the 1986 Constitution, but could be threatened by inadequate budgetary and logistical supports.
He stated that additional budgetary support needed to provide adequate access to justice to indigent criminal defendants.
Article 21 (c), (f), (h) and (i) guarantee anyone facing criminal charge(s) the right to a speedy and public trial by an impartial jury and legal counsel.
And with its 2009 decision establishing the National Association of Public Defenders of Liberia (NAPDOL), the Supreme Court has held that anyone charged with a serious crime has a “fundamental” right to counsel.
However, addressing his audience on Friday, February 9, 2024 at the NAPDOL’s 6th Annual Convention, Cllr. Bestman Darward Juah, Vice President says the program over the years has strived to further enhance access to justice to indigent party litigants.
“There are challenges faced by the program including inadequate budgetary and logistical supports by the government ” Cllr. Juah recounted.”To make the program efficient and effective, additional budgetary and logistical supports are needed from the government of Liberia and partners in the Rule of Law Sector respectively.
Appreciating his colleagues during the convention, Cllr. Juah said, ‘I like to applaud all public defenders throughout the country for their commitment in providing access to justice and/or legal aid to criminal defendants in Liberia through adequate legal representations.”
The program was held under the Theme: Lawyers and Clients Relationship: The Case of Indigent Clients. The convention was attended by Her Honor Sie-A-Nyene G. Yuoh, Chief Justice of the Honourable Supreme Court of Liberia who delivered a Special Statement on behalf of the Full Bench of the Honourable Supreme Court of Liberia.
The convention was also attended by executives and members of the Liberian National Bar Association (LNBA). Cllr. Bestman Darward Juah, Vice President and Co-Chairman of the National Executive Committee of the National Association of Public Defenders of Liberia (NAPDOL) in his opening remarks officially welcomed Chief Justice Sie-A-Nyene G. Yuoh, executives and members of the Liberian National Bar Association (LNBA), special invitees and delegates respectively to the convention.
He further stated that the convening of the Association was in consonance with Article 23, Sub-Section 3 of the Constitution of NAPDOL which provides amongst other things that the association shall convene every year to receive reports from the leadership on the fiscal activities of the association as well as deliberate on its growth and development.
Cllr. Juah recounted that the milestones of the National Association of Public Defenders of Liberia (NAPDOL) are attributed to the Office of the Chief Justice of the Honourable Supreme Court of Liberia because it is the office that gave birth to the association in 2009.
International rights instruments
International human rights instruments recognize that when a person’s fundamental rights to life and liberty are put at risk by the State, that person has a right to legal assistance to ensure that the State properly fulfills its obligations imposed by law, without violating the rights of the individual in the process.
As a result, the Eighth UN Congress on the Prevention of Crime and the Treatment of Offenders adopted, in 1990, the UN Basic Principles on the Role of Lawyers making its first principle the following: “All persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings.”
The Basic Principles further place responsibility upon the government and the legal profession to ensure that everyone has access to counsel, regardless of means or background, to protect the right to equality before the law.
Consistent with the aforementioned international obligations as imposed by internal law, the Supreme Court of Liberia in 2009, established the National Public Defense Program aims at providing legal representation to indigent criminal defendants; as well as enhancing access to justice to all individuals suspected or accused of crimes, including those arrested or detained”, with the goal of protecting the fundamental rights of the criminal defendant as enshrined in Article 21 ( c) , (f ), (h) and (i) of the Constitution of Liberia (1986).
Public Defenders guarantee access to justice
The Judiciary’s Public Defense Program thus serves as a guarantee to “access to legal defense and legal aid.
Legal aid is intended to include the concepts of legal education, access to legal information and other services provided for persons through alternative dispute resolution mechanisms and restorative justice processes” (General Assembly resolution 67/187, annex, para.
Public defenders shall direct all legal aid and access to justice functions of the Courts of assignment, on behalf of indigent party litigants seeking justice through the Judiciary Court system.
NAPDOL therefore pleas with the Government of Liberia and partners for additional budgetary support to this notable program. It can be recalled that Cllr. Juah was overwhelmingly elected vice president of NAPDOL by acclamation in July 2023 by his colleagues.
He is a licensed lawyer actively practicing before the magisterial, specialized and circuit courts and Honourable Supreme Court of Liberia respectively. He is also a former associate of Brumskine and Associates Law Firm. In April 2018, he was appointed Public Defender by Chief Justice Francis Saye Korkpor, Sr. Prior to his appointment as public defender, Cllr. Juah worked with the Supreme Court of Liberia as Research Officer assigned to the Chambers of the Honourable Jamesetta Howard Wolokolie, Senior Associate Justice of the Supreme Court of Liberia from 2014 to March 2018.
His primary duties amongst other things were to conduct comprehensive legal research and assist in the drafting and preparation of Opinions and Judgments of the Honourable Supreme Court of Liberia.
Subsequently, in 2019, Cllr. Juah was appointed member of the Legal Aid Committee of the Liberian National Bar Association (LNBA) by Counsellor Tiawan S. Gongloe, former President of the Liberian National Bar Association (LNBA) where he provided pro-bono legal services to indigent party litigants at the Liberian National Bar Association’s (LNBA) Legal Aid Clinics in Montserrado and Bong Counties in criminal and civil cases respectively.
Also, as a staff of the Division of Probation, Bureau of Corrections and Rehabilitation, Ministry of Justice, Cllr. Juah provided technical assistance to the Ministry of Justice in operationalizing Chapter 33 of the Criminal Procedure Law of Liberia on suspended sentence or probation after forty (40) years of dormancy of said statutory provision.
As a proactive and acclaimed criminal defense lawyer, he has adequately represented and advocated for the release of several one criminal defendants indicted by the Grand Jury for Montserrado County for various felonious crimes including murder, gang rape, statutory rape, rape and aggravated assault before various criminal circuits particularly Criminal Court Assizes “B”, and “E” for Montserrado County, Republic of Liberia through the filing of applicable pretrial motions and trials respectively.
Notably, during the May Term, A.D. 2022 of Criminal Court Assizes “A” for Montserrado County, Republic of Liberia, Defendant E. Jean Claude Nanga was indicted for alleged commission of the Crime of Statutory Rape, a felony of the First degree by the Grand Jury for Montserrado County and transferred to Criminal Court Assizes “E” for Montserrado County for prosecution during the February Term, A.D. 2023 in gross violation of the New Rape Law, Chapter 14.70 (a)i, ii(b) of the Penal Law of the Republic of Liberia.
However, following the trial, the trial jury brought a verdict of not guilty and thereafter the defendant was acquitted by the trial court based on the findings of trial jury. Also, Defendants Bowier Seavey and Harris N. Harris were indicted by the Grand Jury for Montserrado County for alleged commission of the Crime of Murder, a felony of the First degree during the August Term, A. D. 2018, and subsequently tried for violating Title 26, Chapter 14, Section 14.1 (a) and Title 26, Chapter 1, Section 1.7 (a) of the Penal Law of the Republic of Liberia during the May Term, A.D. 2019.
Following the trial, the defendants were acquitted by the trial jurors based on a verdict of not guilty. Additionally, in his efforts to reduce the overcrowding of the Monrovia Central Prison (MCP), Cllr. Juah regularly files pretrial and post-trial motions before various criminal courts aimed at reducing the overcrowding of the Monrovia Central Prison (MCP).
A few of the defendants released as a result of these motions for failure of the Prosecution to proceed with prosecution are Richardson K. Forkpah, Kollie Mulbah, Charles Dougba, Jeremiah M. Dillon, Prince Gaye, George Jarboh, Mohammed Kaigbo, Beyan Jannell, Dennis Philip, Mohammed Sheriff, Efenyi Henry, Benedict Homes, Jomah Homes, Charles Kennedy, Patrick Mensah amongst others. Furthermore, he has represented various criminal suspects and defendants before the Liberian National Police (LNP) and various magisterial courts respectively in Liberia.
He is an active member of the Supreme Court Bar and Liberian National Bar Association (LNBA) and in good standing. He is also a member of the African Bar Association (ABA). Besides, he served as Secretary-General of the Bong County Bar Association of the Ninth Judicial Circuit, Bong County, Liberia.
Since the ascendancy of the current leadership of the Liberian National Bar Association (LNBA) headed by its President, Counsellor Sylvester D. Rennie, Cllr. Juah has served as Secretary-General of the Steering Committees of the Annual Bar Assembly, Law Day and National Bar Convention respectively. In furtherance of his commitment to serve humanity, he serves on a number of boards of local and international organizations including the Board of Trustees of Street Child Liberia, a UK-based international charity registered under the laws of Liberia that is providing sustainable future to underprivileged Liberian children and school-aged students in Liberia.
He is also co-founder of the Global Initiatives for Social Change, Incorporated, a local not-for-profit organization duly incorporated under the laws of the Republic of Liberia providing access to justice to indigent clients. In addition, he is the founder of Optimus Partners and Associates, incorporated.
In 2015, Cllr. Juah graduated from the Louis Arthur Grimes School of Law, University of Liberia, Monrovia, Liberia with a degree of Bachelors of Law (LL. B). Also, in 2003, he graduated from the Cuttington University College (now Cuttington University), Suacoco, Bong County, Liberia with a degree of Bachelor of Science (BSc.) in Accounting. Besides, he holds several professional and specialized certificates from various reputable institutions including the International Law Institute, Washington, DC, United States of America.
Furthermore, he is a prospective graduate of the School of Global Affairs and Policy, Cuttington University School of Graduate and Professional Studies, Cuttington University, Monrovia, Liberia reading International Relations.