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The fight by judges and magistrates to maintain the credibility of the judicial system has received further battering as an international company adds to the litany of allegations of judges taking bribes or misconduct.
An official of an international company has exacerbated the drudgery of the fight of the judges by claiming that a High Court judge in Ghana, acting together with a lawyer, engaged in a serious judicial misconduct.
The complainant said not only is the company being duped of over $1 million, the judge (name withheld) also awarded GHS100,000 costs to the lawyer.
His lawyers Gaisie Zwennes Hughes & Co. have confirmed a complaint of misconduct has been lodged with the Chief Justice, Mrs Georgina Theodora Wood against the judge in question.
Joy News’ Sammy Darko managed to get a partner at the law firm, Mr Charles Zwennes who said his clients filed the complaint with the Chief Justice and the Judicial Council after their investigations revealed over a hundred inexplicable phone calls between the judge and the lawyer – mostly immediately before and after court dates.
Regardless of the difficulties in coming by such evidence, Mr Zwennes said, the complainants were lucky that officers of the National Security produced the phone records which were tendered in evidence.
According to him, while it is entirely possible that the judge and the lawyer are just friends and are legally entitled to private communication, “if they are just friends who communicate quite so frequently on a daily basis – before, during and after meals – and you find that the party on the other side is not so close a friend to the same adjudicating judge, there is a risk that the judicial independence and free thought of the judge has been compromised.”
Central to law is the maxim that justice must not only be done but must at all times be manifestly seen to be done by all and Mr Zwennes said that is so because “when justice is seen to be done by all and there is no doubt as to justice having been done, it inspires and increases the confidence of the populace in the system itself.”
He said it was therefore natural for his clients to harbour some doubts when they found out that the trial judge had been communicating so frequently with an opposing lawyer.
A final decision has yet to be taken on the fate of the judge but information available to Joy News indicate the judge has not contested the telephone records tendered in evidence against him.
Mr Zwennes said he has abiding faith in the integrity of judges to dispense justice fairly. He believes the complaint mechanisms are also generally effective but wished they investigated and disposed of cases faster.
The Judicial Council, the Chief Justice and the Judges and Magistrates’ Association have been battling resurgent allegations of corruption in the judiciary.
Five lawyers have so far been hauled before various organizations to substantiate allegations of judges receiving bribes and judicial corruption generally.
The General Legal Council is meeting today to hear from four lawyers – Dr Raymond Atuguba, Merrs Abraham Amaliba, David Annan and Larry Bimi who said they could not be convinced that the judiciary is not corrupt.
They have been asked to produce the proof.
Story by Malik Abass Daabu/Myjoyonline.com/Ghana
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