Liberia: Judge Turns Down State Request

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The Inquirer (Monrovia)

9 October 2008
Posted to the web 10 October 2008

C. Winnie Saywah

The Resident Judge of the Circuit Criminal Court "B" at the Temple of Justice says that he has found no legal grounds and legal reasons to conform to an earlier request of the State prosecutors to disqualify him from presiding over further trials of Senator Roland Kaine and others in the Timor murder case.

Giving his ruling yesterday as it relates to the motion for recusal as filed by prosecution, Judge Korboi Nuta referred the aggrieved party to the Law of Liberia, citing 33 LLR and 30 LLR on pages 625 and 692 thereby clearing the mind of the prosecution as to what a judge can and cannot do in responding to a trial especially where one in a mere assertion in a former request is made to have him disqualify himself.

The court said that it has been mandated to hear and pass on all pre-trial motions and applications by the higher court, realizing that a request as given by the prosecution is in the right to any party before a court, provided that request meets legal and credible grounds.

At the court's 2nd chamber session last Wednesday, the State argued a submission which is requesting Judge Nuta to recuse himself because he has failed to demonstrate cool neutrality and that he had earlier alluded to the fact that prosecution had not provided convincing evidence for which the motion for admission to bail the detained defendant should not be granted.

Prosecution contended among other things that it is in its mind that the assigned judge has manifested partiality because the trial has not begun and therefore prays that the judge excludes himself from any further proceedings as a means of priority as provided for by law.

The defense objected to prosecution's request stating that at no time was the court ever inconsistent pointing out that the motion was made purposely to abort the hearing and irritate the judge.

During that last court sitting, there was an assignment for the motion for recusal to be held while the motion to hear the application to bail was already assigned the same day but it was agreed upon that the motion for recusal be heard first.

Counsel for the defendant further argued that the accusation made against the judge is false and should not distract him from passing on the issue as raised in said motion which they pray to be denied.

The defense argued that the motion written and submitted purposely to irritate the judge should be incorporated and argued since both motions contained the same issues except that the latter is an extraction.

Having listened to the requested submission and resistance of the parties, the court made it clear that that hearing into the motion for the admission to bail had been assigned but prosecution filed another motion later which did supersede the previous motion to which the court decided to pass on it before proceeding further.

The court which termed the lengthy application of the prosecution as immaterial and would be accorded no credence has assigned the hearing into the motion for admission to bail detained Senator Kaine on tomorrow, October 10, 2008.

In a related development, the Progressive Democratic Party Margibi County branch says it is concerned over the prolong detention of Senator Roland Kaine who has been duly elected by the people of the county.

In a statement issued Wednesday, it said it has observed that since the arrest and detention of the senator along with 14 others in June, the state has failed to produce evidence linking the senator to the commission of the crime.

According to the statement, which was signed by the chairman of the party's brand in the county, Mr. Stephen Mulbah, the party said 'justice delayed is justice denied' stressing that the situation is creating a worrisome situation in the minds of Margibians and the bereaved families.

The party called on the Ministry of Justice through the office of the Solicitor General to do all it could to produce the evidences in the case in their possession so as to facilitate the murder trial during the up-coming November term of court.

The party said failure on the part of the ministry to do so, would create doubt on the minds of the people of the county and the bereaved families as it relates to the course of justice in the case.

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