By: Frank P. Martin
MONROVIA: Seven state officials of Bong County origin who were recently found guilty of criminal contempt by the Supreme Court of Liberia for vandalizing various Magisterial Courts in Salala, Bong Mines, and Gbartala in Bong County and subsequently sent to prison for six months have been granted parole by the High Court after they spent three consecutive months of the six-month in the Monrovia Central Prison.
The local officials who were found guilty of criminal contempt included Totota Commissioner, Daniel Tubman; Acting City Major of Totota City, Clinton Brown; Robert Sulu, Acting General Town Chief of Totota; Miller Bondo, Youth Leader of Salala District; Varney Sirleaf, Poro Grove Operator in Salala District; Ernest White, Cultural Advisor; Joseph Kollie, Acting Paramount Chief of Fuamah Chiefdom; all of Bong/County.
Before granting the request for their release from detention, the Supreme Court had earlier denied requests by other senior state officials in Bong County, for the seven officials who were adjudged guilty of criminal contempt.
Two of the Bong County Lawmakers, Moima B. Mensah and Josiah Marvin Cole, in separate communications addressed to the Chief Justice of the Supreme Court of Liberia, Her Honor, Sie-A-Nyene Yuoh, acknowledged the wrongs meted out against the various magisterial courts by the seven local government officials.
The two Lawmakers also rendered apologies to the Supreme Court.
It can be recalled that the Supreme Court rendered an opinion in the case, “Contempt Proceeding” against Totota Commissioner, Daniel Tubman; Acting City Major of Totota City, Clinton Brown; Robert Sulu, Acting General Town Chief of Totota; Miller Bondo, Youth Leader of Salala District; Varney Sirleaf, Poro Grove Operator in Salala District; Ernest White, Cultural Advisor; Joseph Kollie, and Acting Paramount Chief of Fuamah Chiefdom; all of Bong/County.
In addition to the acts of vandalism the officials carried out against the courts, Magistrate William G. Capehart was stripped naked, along with a court staff of Salala-Magisterial Court, abducted and initiated into a traditional school.
At the same time, the Bong Mines and Gbartala Magisterial courts experienced disturbances and attempted abduction.
As a result of these “dreadful acts,” the Supreme Court held the Defendants for criminal Contempt and sentenced them to six-month imprisonment at the Monrovia Central Prison, as deterrence and as a means for Defendants to re-evaluate their actions.
However, following their communication, the Supreme Court, in its response, issued on Monday, January 23, to the communication denied said request, stating that granting such a request will not only undermine the integrity of the court but will destroy the independence and neutrality of the Supreme Court of Liberia.
Nevertheless, after serving three-month of the six-month sentence, the Supreme Court granted the request to allow the seven officials to be released on parole, rather than being pardoned.
According to the court, the granting of a Pardon for a penalty it imposed on a contempt charge is a matter of judicial discretion, more than the application of the law.
Accordingly, “Pardon is forgiveness by the authority for a crime committed and cannot be further punished for the forgiven offense and should not be penalized for having a record of the offense.”
Hence, the high court noted that it is its power to extend mercy to the petitioners if their conduct and attitude since their imprisonment warrant the same.
Therefore, the court noted that the petitioners have served three months out of the six-month sentence of their imprisonment imposed by the Supreme Court and have thereafter expressed remorse for their action and executed an affidavit to the effect that they would remain law-abiding at all times and uphold the integrity and dignity of the court within the Republic of Liberia, for which the request for release for further detention was granted.
But, the court has given a condition that they report once monthly to the ministerial officer of their respective magisterial courts who shall record their attendance.
Meanwhile, Chief Justice Sie-A-Nyene Yuoh has mandated the Clerk of the Supreme Court to issue a communication to the Monrovia Central Prison for the release of the seven local officials of Bong County.
