The Liberia Anti-Corruption Commission (LACC) has provided updates on recent developments in the ongoing criminal proceedings involving Abdullai L. Kamara. According to a press release, the motion to advance the case on the trial docket of the 2nd Judicial Circuit has been granted. While acknowledging this development, the Commission has filed a separate motion requesting that the presiding judge, Joe S. Barkon, recuse himself from further presiding over the case.
The Commission’s motion for recusal is grounded in several concerns that raise serious questions about the judicial neutrality and the appearance of impartiality required in criminal proceedings. Among key issues cited by the LACC is that the presiding judge previously granted a motion to drop Abdullai L. Kamara from an indictment by relying on a provision of civil procedure, despite the matter being criminal.
“Rather than applying the remedies clearly available under criminal procedure, the ruling dismissed the indictment altogether, a decision the Commission contends was legally improper, the court allegedly disregarded statutory provisions that allow indictments to be amended to conform to the evidence, an option the prosecution maintains should have been considered, motion to advance the case was heard and granted with uncommon speed, leaving the prosecution with limited time to adequately respond, and the presiding judge was seen socializing with the defense counsel shortly after issuing a ruling favorable to the defendant, an action that raises concerns about the appearance of impropriety”
LACC opposes the ruling and said these actions demonstrate bias or the reasonable perception of bias and undermine confidence in the court’s neutrality. The Commission argues that allowing the judge to continue presiding over the matter risks prejudicing the State’s case and eroding public trust in fair administration of justice.
