The Chief Justice-designate of the Supreme Court docket of Liberia Yamie Gbeisay has known as for a overview of the 1986 Liberian Structure to replicate up to date time and happenings.
Gbeisay, who’s presently one of many Affiliate Justices on the Supreme Court docket, was just lately nominated to the place by President Joseph Nyuma Boakai.
Talking when he appeared for affirmation listening to earlier than the Senate Committee on Judiciary, Human Rights, Claims and Petition, Affiliate Justice Gbeisay maintained that the Structure should be reviewed to make sure that it’s in conformity with current day realities.
He famous that delay over the revision of the Liberian structure now constrains the courts to render it opinions in step with the intent of the framers of the structure n 1986.
He acknowledged that no ruling from the court docket ought to go opposite to the intent of the framers of the structure within the absence of it (structure) overview course of.
Justice Gbeisay maintained that there’s an “quick want” for the overview of the Liberian structure.
“We must always return to the structure, establish these points that aren’t in conformity with up to date realities; discover out these points and deal with it.”
Discouraging jury path
He mentioned land and the constant change of jurors proceed to overcrowd the courts with circumstances in Liberia.
He famous that the present legislation doesn’t enable the empanelling of jurors to serve or hear two completely different circumstances on the identical time.
Because of this, Justice Gbeisay noticed that, the courts proceed to be overwhelmed with circumstances.
“If you happen to go to a selected court docket and the jury is empanelled, all the opposite circumstances have to attend till that jury is over-and the court docket time period is barely 42 days. By the point you may have disposed three or 4 circumstances inside that time period, about ten different circumstances have been filed.”
He maintained that this situation is constantly contributing to the hike within the variety of circumstances on the court docket’s docket.
“If we solely had the problem of jury trial the place a selected Decide can sit down and listen to two to 4 circumstances on the identical time, we’re going to transfer circumstances sooner.”
Justice Gbeisay claimed that Liberia stays the one nation in West Africa the place a jury trial is necessary.
He emphasised that this type of judgement is making the adjudication of circumstances in a well timed method by the courts troublesome or inefficient to work.
He noticed that inhabitants, companies and actions of individuals in Liberia have elevated, as as such, jury trial can’t deal with the quite a few circumstances which are being taken to court docket each day.
“We have to revisit our structure and deal with the problem of jury trial.”
Justice Gbeisay pressured that the outline being utilized by Judges or Magistrates to find out whether or not or not an accused or defendant is at flight danger, regardless of the submitting of a sound bond, must be reviewed.
He mentioned no accused Consultant or Senator taken to court docket ought to be remanded to jail as a result of, such particular person could not go away their job to abscond the nation.
Development of jail services
He additional known as for the development of addition jail services to handle the rising inhabitants in Liberia.
Justice Gbeisay mentioned the dearth of a number of jail services is contributing to overcrowdedness on the present ones that aren’t spacious.
“We now have over 5 to 6 million individuals and the jail area we’ve in Liberia is lower than 10,000 individuals. What do you anticipate? Even when two % of the inhabitants commits crime, the prisons will probably be crammed. So, authorities must see the fact and improve the prisons. There’s a lack of jail services as a substitute of overcrowdedness.”
He pressured that folks will at all times commit crimes and as such, authorities should be absolutely ready to reprimand them at new jail services.
Justice Gbeisay pledged that the independence of the judiciary can be upheld by his administration, void of interference from the manager or legislative branches or any particular person.
“The position of a Chief Justice for me-the court docket is already unbiased by legislation or structure; all it wants is an affirm Chief Justice and Supreme Court docket Bench to make sure that there is no such thing as a interference. And that is what I promised to do. I’ve not had an expertise the place the court docket has been interfered with. Possibly makes an attempt have been made”
Justice Gbeisay, nonetheless, promised to carry “legal professionals ft to the fireplace” to make sure that they don’t implore delay ways for the overstaying of circumstances in court docket.
Justice for the poor
He named the coaching of authorized practitioners, together with legal professionals, magistrates and others as one in every of his methods to make sure that unusual Liberians virtually profit from the dispensation of justice.
He noticed that the enough adjudication of circumstances by Magistrates and Judges consistent with the legal guidelines stays a problem.
Justice Gbeisay mentioned Magistrates or Judges should render judgment in circumstances in alignment with the legal guidelines of the nation.
He additional noticed that many legal professionals will not be additionally in compliance with the ethics of the authorized occupation, one thing which deny.
“These we’ve now we have to practice them to use justice in order that, if you’ll be able to .render 10 judgments as least about eight of them should be in step with the legislation. That is what we’re missing now. A lot of the issues we’ve right here is our legal professionals will not be going by the ethics anymore. Everyone doing their very own factor.”
Holding legal professionals accountable
He pledged to carry legal professionals, together with Magistrates and Judges accountable by the ethics of the authorized occupation.
He, nonetheless, known as on graduates from the legislation faculty to make themselves out there to take up project within the leeward components of the nation as a part of efforts to offer entry to justice to all residents.
Justice Gbeisay maintained that it stays troublesome to seek out legal professionals keen to take up project within the rural areas.
