The Commercial Court Judge, Eva Mappy-Morgan, is seeking her legal team advise to challenge the Judiciary Inquiry Commission’s (JIC) decision before the Supreme Court.
She told reporters last Friday in Monrovia that she will challenge the Commission’s decision which did not only dent her character but also her career as a professional lawyer.
On Wednesday, April 7, the JIC made a recommendation from hearing the complaint filed against Judge Mappy-Morgan by Amos P. K. Brosius of the Ducor Petroleum Incorporated for “unethical conduct” in dispensing of justice.
Though the Commission’s recommendations are being directed to the Supreme Court to make its final determination into the matter, Judge Mappy-Morgan, the president of the Trial Judges Association and lecturer of ethics at the Louise Arthur Grimes School of Law of the University of Liberia said she is scouting a strong legal team to plead her case before the high court.
The Commission’s recommendation to the Supreme Court is a one year suspension without pay and benefits for Mappy-Morgan for allegedly violating the fundamental rights, Constitution, statutes and judicial canons of the country in a manner and form being considered as ‘egregious, reckless, callous and without remorse.’
JIC, among many things, opined that the complainant, Amos P. K. Brosius has complained of suffering unimaginable pain, agony and mental distress occasioned by the wanton and reckless disposition of respondent Mappy-Morgan in the matter of the petition for accounting filed by the MOTC.
The Commission’s findings pointed out the numbers of judicial canons violated by the judge while presiding over the case that involved MOTC versus Ducor Petroleum Incorporated.
Judge Mappy-Morgan stands accused of violating judicial canons 10, 23, 35, and 24, as well as various articles in the Constitution and statues of the Act to amend the Judicial Law, the Civil Procedure Law, among others; though there were no acts of embezzlement mentioned against the respondent.
Meanwhile, following the release of the ‘2020 Country Reports on Human Rights Practices which accused the Chief Judge of the Commercial Court of alleged ethics violation/canon # 23, the U.S. State Department also linked her to a 2013 communication in which it alleged that the Commercial Court authorized the withdrawal, without the consent of one of the litigating parties, in the amount of $3.4 million at the Liberian Bank for Development and Investment, which was being held in escrow pending final determination of a commercial dispute between Ducor Petroleum Inc. and the Monrovia Oil Trading Company.
The report further noted that the court unilaterally ordered the withdrawal of more than three million dollars from the bank but the Judicial Inquiry Commission, an auxiliary group established within the Judiciary with the exclusive power and authority to receive and investigate complaints against judges for violation of any provision of the judicial canons has found her culpable of the violations and has made several recommendations to the Supreme Court; subject to be reviewed.
The recommendations include a one year suspension without benefits while at the same time encouraging the complainants to take Judge Mappy-Morgan to sue her for other damages
But in her letter addressed to the Ambassador Extraordinary and Plenipotentiary of the United States of America accredited to Liberia, Michael A. McCarthy under the caption: U.S. Department of State -2020 Country Report on Human Rights Practices: Bureau of Democracy, Human Rights and labor Judge Mappy-Morgan expressed, “I take it that you are very aware of that report. However, I have taken the liberty to highlight relevant part of the writing concerning my alleged misconduct, bundled and branded under the caption Denial of Fair Public Trial.”
The communication dated March 30, 2021, Judge Mappy said, “I refer to the matter above reference in which the U.S. State Department reports of an alleged malpractices by Chief Judge Eva Mappy Morgan of the Commercial Court of Liberia and cites the Global News Network (GNN) as the source of said reporting.”.
“In August the Global News Network reported that Eva Mappy Morgan, Chief Judge of the Commercial Court and President of the National Association of Trial Judges of Liberia, was the subject of an investigation for alleged malpractice. Judge Morgan was linked to a 2013 communication in which it was alleged the Commercial Court authorized the withdrawal without the consent of one of the litigating parties of an amount of 3.4 million at the Liberia Bank for development and Investment (LBDI) which was being held in escrow pending final determination of a commercial dispute between Ducor Petroleum Incorporated, and the Monrovia Trading Oil Company (MOTC). The Court unilaterally ordered the withdrawal of more than three million plus from the bank….,” she explained
In her response Judge Morgan noted, “I will not hazard a guess to why I am a subject of a human rights report, and / or why placed under the heading, Denial of Fair Public Trial. I will state especially for the record, and for posterity, that at no time was there ever an amount of US$3.4 million dollars escrowed at the LBDI bank, and subject to my control,” Judge Morgan’s letter to U.S. Ambassador to Liberia continues.
Judge Morgan described the report as reported by the GNN as factually incorrect and that the saga of the US$3.4 million dollars is a long-standing smear campaign peddled by some media pundits and unprincipled individuals.