IPNEWS: Judge Roosevelt Z. Willie of the Criminal Court ‘A’, says attempts BG the Ministry of Justice to implicate the Judiciary Branch into going salary saga of public prosecutors in totally unacceptable.

Judge Roosevelt Z. Willie, stated that he sees as calculated plan by the Ministry of Justice to implicate the Judicial Branch of Government into ongoing argument of financial strangulation between the Ministry of Finance and Development Planning (MFDP) and the Ministry of Justice (MoJ) .

The five-judge panel, in its unanimous decision not to delve into the  financial wrangling between the MoJ and MFDP, made specific reference to the Judicial Financial Autonomous Bill, which the judges quoted as saying, “The Judiciary can summon the Ministry of Finance for failure to remit funding on a quarterly basis into a Judiciary Account at the Central Bank of Liberia (CBL).”

The decision, delivered by Judge Roosevelt Z. Willie of the Criminal Court ‘A’, further said: “The court will not hesitate to summon the MFDP for contempt without any request from the MoJ for any conduct in contravention of the Autonomous Bill of the Judiciary.”

Judge Willie ruled, “The contempt proceeding before us is against the MoJ for the failure of prosecutors not to appear in our respective courts, which has paralyzed the smooth operation of our courts since the opening of the May 2021 Term of Courts.”

Initially, the judges had threatened to hold the Minister of Justice, Cllr. Frank Musah Dean, and Solicitor General, Seyma Syrenius Cephus in contempt of court for the failure of prosecutors (government lawyers) to avail themselves for assignments in courts almost two weeks since the formal opening of the May 2021 Term of Criminal Courts A, B, C, D and E, at the Temple of Justice.

When the MoJ appeared for the contempt proceeding, Cllr. Cephus, who spoke on behalf of the Ministry, demanded that the judges expand or extend their contempt proceeding to include the MFDP for its failure to provide funds to the prosecution section to enable prosecutors to be present in court.

However, Judge Willie disagreed with Cllr. Cephus in his ruling, explaining that what involves the MFDP is purely internal within the Executive Branch of the Government to which the MoJ has administrative legal remedy.

Judge Willie further explained that the MoJ and the MFDP are members of the cabinet within the Executive Branch of the Government, which is headed by the President of Liberia.

He added, “MoJ knew and has reasonable belief to know that its failure to provide prosecution funds to its prosecutors would result in the failure of prosecutors to appear in court.”

According to him, it was and still is the obligation of the Minister of Justice and Attorney General of the Republic of Liberia, Cllr. Frank Musah Dean, to inform the President, who is the head of the Executive Branch of the Government, regarding the failure of MFDP to provide funding for the prosecution section within the MoJ during the May Term of court.

Hence, Judge Willie ruled, “The court declined to include the MFDP in this contempt proceeding.”

Immediately afterward, Judge Willie ruled, holding the MoJ in contempt of court and subsequently imposed the fine of US$300 to be paid into the Judiciary Account within 72 hours as of the date of the ruling.

Judge Willie continued: “The MoJ is further ordered to appear in court on Wednesday, May 26, for hearing of assigned cases in our respective courts. Failure of the MoJ, headed by the Minister and the Solicitor General, who are directly responsible for litigation in our various courts, to abide and or comply with this ruling, we shall be left with no alternative but to issue criminal contempt against them.”

Further, Judge Willie explained that MoJ has a budget by law for the prosecution section to prosecute during each term of court.

Again, he noted that the law provides that the MoJ is the prosecuting arm of the Government, as well as the enforcement agency for the judgment of the Judiciary.

“The Government of Liberia, by and through the MoJ, is the plaintiff in all criminal cases in our jurisdiction and the absence of the MoJ from our courts since the opening of the May Term is indeed undermining the rule of law,” Judge Willie stressed.

According to the judge, the MoJ acknowledged that the absence of its prosecutors from the courts weakens the rule of law, stressing, “This admission of the MoJ is admissible against itself.”

It can be recalled that on Tuesday, May 18, the five-judge panel of the First Judicial Circuit Court for Montserrado County summoned Justice Minister Frank Musah Dean and Solicitor General Sayma Syrenius Cephus.

The appearance by Minister Dean and S.G. Cephus was intended to show reasons why they should not be held in contempt of court for refusing assignments and/or their failure to appear in courts for almost two weeks since the formal opening of the May 2021 Term of Criminal Courts A, B, C, D and E.

It was when Cllr. Cephus, speaking on behalf of the MoJ, acknowledged the concern raised by the court, which necessitated the summon, but said the reported absence of prosecutors from court processes are far beyond the control of the MoJ.

Later, Cephus argued that the Ministry of Finance and Development Planning has not been providing funding for the MoJ to enable prosecutors to appear in court.

Cephus said that the MoJ understands the absence of the prosecutors in court clearly undermines the authority of the court and the rule of law. (Courtesy of Daily Observer Newspaper)