IN THE COURTROOM
Sierra Leone Judiciary: Kudos For Justice Halloway And Others
By
Dec 13, 2007, 02:01

“To err is human and to forgive is divine” are words that often come to mind whenever one thinks about Justice and the impartial role some of our judges play in the dispensation of Justice in Sierra Leone. Sadly, some of the significant role of the judges has not been taking into account by the media, although the mass media has been playing its role in reporting court proceedings but, media practitioners often misrepresent Judges and judgment handed down by them. This is as a result of several factors which included, but not limited to the legal complexities of matters in courts. Other reason could be sheer disregard for fair and balanced reporting.

In the Standard Times Newspaper Publication of Wednesday November 28^th, 2007 under the column “Human Rights Issues:, an article captioned “THE RIGHT TO FAIR TRIAL”  was an attempt by the columnist to give an overview of the ‘Justice Delivery System” in the country over the years. He however touched on the matter between the Sierra Leone Insurance Ltd SLICO as Plaintiff/Respondent and Defendants/Applications Abu Bakarr Gamanga, Kenewa Gamanga, Morie Maya Gamanga and Patrick Gamanga which was being presided over by the High Court Judge, Justice A.B Halloway; one of the country’s finest Judges. Allan Halloway as he is fondly called is the son of the late industrious Mamoud Halloway, a dynamic and enterprising Sierra Leonean. He may look young in appearance, but he is endowed with wisdom and experience and vast knowledge in the legal profession. His appointment as High Court Judge was neither a mistake nor a legal miscalculation. Perhaps, if the Human Rights columnist had got wind about his reservoir of legal knowledge he would not have challenged or raise any comments regarding the outcome of the SLICO case that was presided over by him. Instead, he would have asked for a few minutes of lectureship about the matter; rather than publishing the following words   “Many people in the country can attest to the fact that the country’s justice system is still polluted with corruption and bribery. A case in point was the fake lease scandal that has already brought disrepute to the Sierra Leone Insurance Company (SLICO).

“According to investigations, the late Paramount Chief of Boajibu Chiefdom, PC Kenema Gamanga’s children are embattling in a case of unfair justice meted on them by the high court presided over by Justice Alan Halloway which has provoked human rights activists over the alleged lease of their family house situated at 2, Pademba Road in Freetown.

The columnist perception about the country’s Judiciary and Judges failed to understand that there are some judges who could be described as “Daniel in Judgment” not only because of their experience and wealth of knowledge, but as a result of their uprightness and dedication to duty. Justice Halloway is among the few in our Judiciary system that posses these starling qualities, and has always looked forward for posterity to reward him.

When this columnist was questioned by his editor for making such generalization that has to do with the performance and personality of Justice Allan Halloway, in a rather regretful tone he said “These were comments made by those family members who convened a press conference affected by the decision of the court” and he added “I am sorry for any embarrassment that the publication may have caused the learned Judge” Saying sorry to a Judge or any individual who have strenuously built his reputation over the years is insufficient, but to show remorse and try to establish strong relationship with him for better understanding  and rational judgment.

Like his father, Allan Halloway has been very unassuming and believes in hard work, which qualities he continues to display at home and in his place of work “This is no fair publication” the columnist was told, but an infringement into the human rights of the learned Judge.  It would be recalled that prior to the outbreak of the rebel war in Sierra Leone, the Judiciary was perceived by many people in the country as corrupt probably due to the delays in court proceedings which sometimes have to take a long time before a Judge lays final hands on them. Other reasons also include lack of competent staff to carry out the work effectively.

Presently, the Judiciary is viewed by many people as an improved institution compared to the past. Today, matters are speedily expedited by Judges and Magistrates excluding some JPs who are still novice in the legal profession. If credit is to be giving for this radical transformation, few Judges and Magistrates are expected to be beneficiaries, and these include Hon. Justice A.B. Halloway, who over the years has demonstrated a complete sense of responsibility in dispensing justice in court especially his contributions towards law reform and the improvement of the justice sector in the country. Also, Magistrates Bineh Kamara, Adrian Fischer, Komba Kamanda, Margai and a few others should be recognized for their impartiality and hard work.

There are some Judges whose contributions to the judiciary are hardly noticeable. This is not because they want it that way, but the adage “Actions speak louder than voice” has been their motto, but the fact has always remained undisputable that the good works of others would one day come to light. This is evident in the case of Justice Nicholas Browne Marke, Hon. Justice Sesay and Patrick Hamilton who have been symbols of emulation in the circle of learned men and women in the Judiciary of Sierra Leone.

Among the list of high profile cases to their credit, are matters on land disputes, properties and criminal cases in line with the due process of the law and have demonstrated to accused persons their “Right to Fair Trial” and that nobody is above the law.

Apart from presiding over cases in Freetown, they also handle matters in the provincial towns of, Bo, Kenema and Makeni to ensure that justice sails smoothly in these parts of the country. Sadly, they lack adequate facilities to ensure that work is done with ease. Facilities such as computers, internet, better housing facilities for Judges and Magistrates, vehicles, security of tenure etc and other equipment must be provided for these Magistrates and judges in the interest of nation building and a strong and productive Judiciary.