IN THE COURTROOM
Judicial Appraisal in Sierra Leone......Deceived By Perception
By
Apr 4, 2008, 02:08

Most time, this writer is in sympathy with litigants who are mis-treated, ill-treated and given raw deal using the justice system. It is the view of the less opportune, under-privileged and the politically unconnected that justice should be evenly and equitably distributed to all and sundry, irrespective of race, status, connection and relation.

The truth about what obtains in our court system is evident when one takes a visit to the law court either as an observer or a litigant and sees the legal manipulation exercised by most legal practitioners, Judges, Magistrates and even legally untrained and unqualified Justices of the Peace.

Candidly, there are some hardworking, honest and dedicated interpreters (Judges, Magistrates and Justices of the Peace) of the law who would not subscribe or contribute to either mis-interpret the law or passages of the law in their own way for financial benefits. Some litigants are usually betrayed by perceptions of these legal luminaries who stand before kings and queens of the courts to defend or prosecute innocent living beings who find themselves before these learned men and women to determine their fate.

Their expectations have always been a disappointment, and are left with no option but to invoke the spirit of God for consolation and salvation.

One glaring example that could serve as a challenge to this writer not to believe perceptions are the series of events/proceedings that have been taking place at the court number two presided by Magistrate Kumba Kamanda. He is one individual that this writer had held in high esteem, thinking that his future is promising and bright. Unfortunately these assessments, assumptions, feelings and prediction were just simple and visible elements of perception, following the adage that not all that glisters is gold. It could either be brass, copper or zinc but because of perception no second thought or reasoning was employed to take a critical look at this Magistrate who always threatened lawyers that he too was at the bar, practicing like anyone of them. That could be true, but not true in terms of behavioral practice, observance of   principles, equity, natural justice or what makes a legal practitioner, Judge or Magistrate worth his/her salt  or somebody that history would be happy to accommodate.

However, the least comment made about Magistrate Kamanda the better, for with time a true manifestation of his character would be made clear for public consumption. Is he a Daniel in judgment? Those who may have witnessed his performance in court especially when lawyer Ngakwe or Anthony Brewah is in front of him prosecuting or defending, would analyze and give a true description of this son of a Kono origin.

Alas, there is much to be done by the current acting Chief Justice, Madam Hawa Umu Tejan-Jalloh if sanity and impartiality should be exhibited and be seen demonstrated in the court system in the country. This is because, not every accused/ defendant or complainant is capable of paying the price or preparing special lunch with chicken and stakes for some of these people who determine who should go to jail or be set free. One may be tempted to ask whether past chamber or law firm relationships can influence a matter before a Judge or Magistrate who has worked in that firm before becoming an authority of a court or who did his pupilage in that particular firm? One would not know until he/she becomes a victim of that firm and to which the Magistrate/Judge was a member. The difference in the trial would be evident to indicate either to the accused person of the complainant that his/her legal representation in that particular court is in charge of the show. The unfortunate aspect is that the other side would suffer the consequences as applications, motions or pleadings would be dismissed and described as frivolous or “vivavo” motions or applications. But not all lawyers should work in the same chamber or law firm if that should ever happen then competition in the law field would be of no significance. That is why there are many law schools in the world and many journalists, newspapers and radio stations not only for the purpose of competition to showcase itself, but for varieties to be enjoyed and appreciated.

Take for example, a lawyer telling a Magistrate/Judge to retire himself/herself in a matter before him/her because of bias or impartiality in the dispense of justice. For simple courtesy, pride and the maintenance of credibility that individual should comply to demonstrate neutrality and independence, but when he/she becomes annoyed, emotional and insistence to continue with the matter; the conclusion is obvious that there is some special interest either in the accused person or complainant that the presiding Magistrate of Judge wants to protect. There was an instance when a judicial notice was advanced verbally that an order is on the table of the Master and Register for signature for the matter to be transferred to another court. The Magistrate insisted that he would proceed with the matter because the document is not on his table and requested for the defendant to hand over his passport to the Master and Register if not the defendant would be detained. The question is whose interest was the Magistrate seeking, the complainant or defendant? If it is the interest of anyone of them, why was his action pronounced to the extent that he ordered for the detention of the defendant if his passport is not returned to the Master and Register, when he had already been informed that there is an order in front of the Master and Registrar for signature, for the matter to be transferred to another Magistrate for hearing to continue?

Developments in some of our courts are lessons for everyday life to learn especially for those who believed in perception, judging individuals from the outside view, but when one recalls the theories of great philosophers like Maria Montessori, John Dewey the pragmatic thinker and others of their kind, the conclusion is that perception is deceptive and should not be believed or accommodated as real fact.