-Judge Mameita Jabateh Sirleaf Alarms
By Jacqueline Lucia Dennis
Criminal Court D’s newly assigned Judge, Mameita Jabateh Sirleaf, has said that prolonged detention without a trial is a violation of the rights of those presently facing such situation.
She made the disclosure Monday, May 8, at a program marking the Joint Formal First Judicial Circuit Criminal Assizes “A” “B” “C” and “D” for Montserrado County at the Temple Justice.
Judge Sirleaf indicated: “If anyone infringes on the constitutional rights of any citizen, know that they, too, have the right to come to court for redress.” The judge added that those folks are entitled to speedy trial under the Liberia’s Judicial System.
“We note therefore, that the intent of the authors of our Constitution is that Government of Liberia, will provide resources to ensure that criminal cases are timely tried to protect the rights of the accused in pre-trial detention; the right and security of those out of jail, and the way forward is to mobilize and make funds available to prosecute all criminal cases.” She further said that criminals who are accused should be released from further detention if the prosecutor fails to provide evidence against them for two subsequent terms of court.
However, she added that as a former prosecutor, she is aware of the acute shortage or lack of adequate funding to support the speedy prosecution of criminal cases. “I have observed over the years that at time it is difficult for prosecutors to have access to funds for the prosecution of criminal cases. In fact, in recent times, it is a common knowledge that prosecutors were constrained to result to strike action in demand for their allowances and other benefits.”
Moreover, the Criminal Court ‘D’ Judge stated that the courts can dismiss a criminal case if that case isn’t handled the proper way. She reasoned, however, “The question is, what happens if an armed robbery suspect is free and put back into the community? Do you imagine the insecurity that is been created? Do you think we will sleep in peace? On the contrary, the constitution also guarantees the fundamental rights of all citizens.”
Judge Sirleaf maintained that jurors also have a role to play in ensuring that justice remains responsive to the need of everyone. She said jurors should not only be concerned with the process of administering justice. “We should equally be concerned with the perception of the citizens and residents of our country. In this way, this very important arm of government will regain its rebranding status among the institutions of this country. The accused are languishing behind bars contrary to constitution, which guarantees speedy trial.
“Now, as a judge I am also under duty to respect the rights of those who have been detained as pre-trial detainees. My question is, assuming that some of the accused were not to be found guilty and are released back to society, will society be in peace? So the difficulty is, how do we as a judges balance the rights of the accused in detention and the rights of the citizens outside of jail to live in peace? A prolong detention means the right of the person in jail is been abused; the discharge of would be criminal from jail without trial will also endanger the community. I therefore, believe that the intent of the authors of our constitution.”
She pointed out that the Government of Liberia should prioritized and mobilized enough resources for the speedy prosecution of criminal cases. She warned: “As an interpreter of the law now, I will be constrained to follow the details of the law that is, to interpret the law as it should be. We know that it may be bad to release people accused of felonious crime, such as armed robbery, but it will be equally wrong and illegal to detain an innocent person in jail for a long period who have not been found guilty. We therefore, call on the government to make funding available to prosecute all criminal cases especially those accused of armed robbery.”
