The Judge of Criminal Court “A” at the Temple of Justice, Roosevelt Z. Willie on Wednesday November 20,2024, in his ruling of Writ of Habeas Corpus and bill of information, told government lawyers that they are in violation of both local and international laws after they admitted to handling over defendant Ibrahim Sheriff to the Guinean government.
Ibrahim Sheriff was charged with mercenarism, arm insurrection, Criminal conspiracy, Criminal facilitation and Criminal solicitation.
But the judge said based on the prosecutors’ interfere in the administration of justice after the court issued two separate releases which were also followed by another release order from the Chambers Justice Yamie Quiqui Gbeisay for defendant Sheriff, the State deliberately refused to release the defendant thereby defying the authorities of the court.
“For interfering with the administration of Justice, for your refusal to provide the defendant and for your refusal to release the defendant on bail and against the law of this country, the prison superintendent Varney Lake, Solicitor General Augustine Fayiah, Assistant Minister Jerry Garlawulo and County Attorney Richard Scott are fined US$500 each to be placed in the Judiciary’s account latest Monday November 25, 2024 at 2pm and failure on their part to do so, they will be arrested and place in jail,” Judge Willie instructed.
Judge Willie cited the Supreme Court’s ruling in former Defense Minister J. Brownie Samukai and the Republic of Liberia where the high court ruled that subordinate workers should refuse their superiors mandate or order once it is not in favor of the law.
He further ruled that prosecutors’ poor excuse of the turning over defendant Sheriff to his Guinean government based on national security is a violation of international protocol.
“While, I have decided, to punish the lawbreakers” (Ministry of Justice), the petitioner (Independent Human Rights Commission) can seek civil remedy against the Government of Liberia to the appropriate Court Judge,” Judge Willie stated, urging both the Human Rights commission and Kabineh J’aneh who also filed a bill of information against the Justice Ministry.
Judge Willie also held the fined Ministry of Justice officials in contempt of court.
Prior to the ruling, the sheriff of the court read his returns which stated that prosecution deliberately, woefully and intentionally refused to turn over the defendant to the court after they were given 72 hours on Thursday November 14, 2024 to produce the living body of defendant Sheriff.
Also before the ruling of the judge, the prosecution headed by Montserrado County Scott spread on the records a bill of information requesting the court to take judicial notice of the case file which contained a report of the whereabouts of the petitioner.
Atty. Scott boldly admitted that the defendant has been surrendered to his government based on agreement between the two countries (Guinea and Liberia) and their decision was based on a national security issue upon a request by the Guinea government.
According to County Attorney Scott, the turning over of the defendant Sheriff was done through the Ministry of Information, Cultural Affairs and Tourism on the same date of the arguments on Thursday November 14, ,2024.
Cllr. Scott also accused the Independent Human Rights Commission’s Chairperson Dempster Browne of forging his colleagues signatures to file a writ of Hebeas Corpus; something Cllr. Browne denied and claimed that it was an agreement between the commissioners.
The prosecution therefore prayed the court to grant unto them all legal relief, just and equitable in line with laws.
Cllr. Browne who wrote the writ of Hebeas Corpus on November 11, 2024, seeking for the release of the defendant said, if prosecution knew that he forged his colleagues’ signatures, why they didn’t raise the allegation during the arguments?
Cllr. Browne added that Liberia is a signatory to so many protocols on human rights but the actions of the Government of Liberia through the Justice Ministry is below the belt and human imagination.
He prayed to issue the writ of Hebeas Corpus against the Justice Ministry compelling them to bring the living body of the defendant/ petitioner while Cllr. Syrenius Cephas told Judge Willie that it is only the court that can jail and release people and no one else can do so.
Cllr. Cephas added that prosecutions defied the court’s authority by refusing to release the defendant after they failed to provide evidence for which he wants for the Justice Ministry officials to be jailed.
