The Judiciary’s Grievance and Ethics Committee has cleared Labor Minister, Cllr. Cooper Kruah, of wrongdoing, following a two-year investigation into claims of conflict of interest violations. The committee’s findings, obtained by the Daily Observer, ruled that there was no evidence of ethical violations on the part of Minister Kruah.
The report is now under review by the full Bench of the Supreme Court in the case of Madam Josephine T. Power versus Cllr. Cooper W. Kruah. The Ethics Committee functions within the judiciary as an entity tasked with receiving and investigating complaints regarding violations of judicial ethics.
The investigation centered on allegations made by Madam Power, claiming a conflict of interest involving legal representation and property disputes. The report addresses specific incidents and provides insights into the claims made by Madam Power and Cllr. Kruah’s responses to the allegations.
The review and investigation process seeks to ensure clarity and fairness in addressing the concerns raised by the involved parties.
“The records do not show any conflict of interest on the part of Cllr. Kruah, hence, there is no ethical violation committed by him,” says the May 11, 2022, letter from Ethics Acting Chairman Cllr. Cyril Jones to former Chief Justice Francis Korkpor.
The investigative report is currently before the full Bench of the Supreme Court for further review in the case: Madam Josephine T. Power versus Cllr. Cooper W. Kruah
“We trust that this opinion will assist you in addressing the complaint, which was submitted to you by the complainant, Madam Josephine T. Power,” Cllr. Jones’ letter noted.
The ethics committee is an auxiliary group established within the judiciary with the exclusive power and authority to receive and investigate complaints against lawyers for violation of any provision of the judicial canons.
Kruah faced questions after Madam Power wrote then Chief Justice Francis Korkpor claiming that, in March 2012, she hired Kruah to represent her in a case involving one Juliet Rebecca Eze.
She alleged she had gone to Kenema (Sierra Leone), to load rubber belonging to her on a truck that was on its way to Liberia.
According to Madam Power, with the intervention of Kruah, the truck was arrested and impounded on the grounds of the Temple of Justice.
She further alleged Kruah, later told her that he could no longer represent her because she, the complainant and Madam Juliet Rebecca Eze were all his clients.
Madam Power said the matter was pending before the Monrovia City Court, on the complaint of Theft of Property.
She further alleges that Cllr. Kruah was successful in finding lawyers for the two parties before the Magisterial Court, to avoid conflict of interest.
Interestingly, Josephine Power claims that Cllr. Kruah was instrumental in hiring Cllr. Johnson Gibson, as her lawyer, since Kruah has represented her and Madam Eze.
Even though, Cllr. Gibson was then her new lawyer, to prevent sale of the rubber, she alleges that the rubber was auctioned and the money was never given to her, instead it was given to Madam Eze, the other party, blaming Kruah for her mishaps.
Coincidentally, the GEC’s records revealed that Josephine Power was also in the business of buying rubber from Sierra Leone to be sold in Liberia, and that most of the parties in similar business hired the same transportation services to bring the rubber from Sierra Leone, with some of the trucks bearing license plate numbers, to include AAK-392, ACJ-610, etc.
“The records also revealed that a writ of arrest for Theft of Property was prayed for by the complainant, Josephine Power, in the Magisterial Court, and predicated on the writ trucks coming from Sierra Leone to Liberia were arrested and brought before the Magisterial Court,” the GEC said, in its findings. “The identification of some of the trucks showed similar license plate numbers, to be common carriers used by the same rubber exporters from Sierra Leone.”
The records of the Civil Law Court, the report said, disclosed that witness Abou Kanneh was the driver of the truck that brought the containers from Sierra Leone.
Kanneh admitted that the same farm he had brought the rubber from, in Kemokai Town, Sierra Leone had been operated by some of the same workers from Josephine Power’s time and later to Rebecca Eze time.
But, the rubber was seized during Madam Eze’s time, according to the investigative report. Kanneh also claimed that to his knowledge Josephine Power operated the farm four years before the arrest of the rubber involved that was then before the Court, adding, “it was Rebecca Eze who brought the rubber to Liberia for sale.”
The report said, from all indications, it appears that the arrest of the truck under the writ of arrest from the Magisterial Court was a case of “mistaken identity”.
“From the facts and records in the Civil Law Court, the Court had commanded that the truck under the authority of the magisterial Court be seized and attached the said property on it to be brought under the jurisdiction of the Civil Law Court and placed as a subject for the proper Accounting that had been filed at least three years before the commencement of the criminal complaint,” the report adds.
According to the report, it was the Civil law Court that ordered the Magistrate to forward the contents of the truck under its jurisdiction.
“It was through that means that the Fruit of the Crime (FOC) in the Criminal Proceedings was transferred from the Magisterial Court to the Civil Law Court,” the report noted.
The report says there is no evidence that Cllr. Kruah, assisted in the Criminal Complaint in the writ for Theft of Property filed in the Magisterial Court.
“The records further show that due to the summary nature of the transferal of the rubber from the Magisterial Court to the Civil Law Court, Cllr. Joseph Gibson appeared on the records of the Civil Law Court for and on behalf of Josephine Power,” it maintains.
In counterargument, Kruah, the report said, denied the allegations, terming it as “false and misleading and intended to damage his character.”
Kruah further said that Madam Power failed to attach any exhibit to show that she hired his legal services and also failed to show any documentation that the rubber mentioned was taken from her farm in Kenema, Sierra Leone by Juliet Rebecca Eze.
Kruah further said that to the best of his recollection, Madam Power was a regular visitor at the Henneries Law Firm whenever she had problems. He had assisted Madam Power family to lease a piece of property in King Gray Community to Eagle Electrical Company about three (3) years earlier.
Kruah further said he was one of three lawyers who represented a party, MARDCO, before the Supreme Court of Liberia in another matter and a judgment was obtained in favor of MARDCO against its Italian Partner.
And, the Supreme Court awarded US$600,000, to MARDCO, which was then represented through a person named Sidney; the Bill of Costs, in the reference case, was served on the Italian partner, who had been sued for proper Accounting.
When the Bill of Cost was served on the Italian, he absconded to Freetown and started using his wife or girlfriend, who from the facts turned out to be Juliet Rebecca Eze, to bring trucks of rubber from the farm that was leased by MARDCO from Sierra Leone to Liberia, to sell, apparently to avoid the satisfaction of the MARDCO judgment.
According to Cllr. Kruah, based upon this information, the rubber that was brought by Rebecca Eze was arrested by the Civil Law Court and auctioned by the Sheriff with participation of MARDCO’s representative.
