Ethiopia: Court Sends Teddy Afro's Lawyer to Jail
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Addis Fortune (Addis Ababa)
6 August 2008
Posted to the web 6 August 2008
Tesfalem Waldyes
When a judge at the Federal High Court, Eighth Criminal Bench, announced his verdict for sensational singer Tewodros Kassahun, a.k.a Teddy Afro, defend himself against an allegation of homicide last month, his fans were calculating the number of days he would spend behind bars before his next appearance on October 9, 2008. Today, this calculation turned to his lawyer, Million Assefa, who was sentenced to serve one month and 20 days in jail, after a guilty verdict of contempt of court passed.
Calculating the remaining 64 days for Teddy Afro's next appearance, only 14 days are left for his attorney to prepare for witness hearings. However, Million might have enough time to discuss this with his client should prison officials put him in the same cell in Kaliti Prison where Teddy Afro is.
Million had appeared before the court yesterday, accused of contempt of court after he made a statement published on a local Amharic weekly, Addis Neger. Million quoted on the newspaper two weeks ago that he has plans to lodge complaints against Judge Leul Gebremariam, who currently presides over the trial of Teddy Afro, whom prosecutors accused of involvement in a hit and run case, where an 18-year old homeless man was killed in a car accident, in November 2006.
The verdict by the Eighth Criminal Bench of the Federal High Court two weeks ago, made by the presiding Judge, did not please lawyer Million. He threatened to lodge his complaints against the presiding judge to the Judicial Administration Council. Telling to a newspaper his intent to take a judge to this council is within the bounds of the right to appeal; the right to lodge complaints against a judge to a judicial review body; and the right to free expression guaranteed under the constitution, according to Million's attorney, Abebe Asamere.
This statement was not taken by the court lightly. Judge Leul agreed with the legality of the right; however, he said it should not be done in a manner that undermines the court. This shows how the defendant puts himself above the law, according to Judge Leul.
"The defendant did not deny his plan to lodge complaints against the judge," Judge Leul said. "This is an assault on the human and professional integrity of the judge; while it obstructs him from determining on the case with free conscience. It displays contempt to the constitutional independence of the judiciary."
The defendant's statement threatened, insulted and undermined the judge that hears the case, the presiding judge said before establishing Million's guilt as a source, and Mesfin Negash, editor-in-chief of the weekly as a disseminator.
"He had no criminal record or disciplinary problems," Attorney Abebe pleaded to the court during his mitigation appeal.
Million is an attorney to the national electoral board, and serves as vice president for both the Addis Abeba Bar Association, and the Ethiopian Bar Associations Union. He is also an active participant in the government's ongoing justice reform programme, especially in training judges and drafting bills. He is one of the architects of the recently passed press law.
This will not spare him from serving time in jail: At about noon, he was sentenced to spend 50 days in jail.
Mesfin will not have to spend anymore days in jail; although he was sentenced to one month, his term has been put on suspension for two years. If he will be charged and found guilty on any other case within this period, serving the one month becomes immediately effective. After two days under police custody, Mesfin was released immediately after the judge read his ruling. He left to his home, accompanied by his mother and wife.
"This is it," Million, seated inside a tinny room inside the Federal High Court's compound, on Smut Street, told Fortune.
He was waiting for the paper works to be processed before a van comes to take him to Kaliti Prison, where his client, Teddy Afro, has been detained for over three months now.
"These are the people who represent the system," he said.
Million will appeal against the verdict to the Supreme Court, sources close to him told Fortune.
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