Current Events In The WACSN Court Case:
The Court ordered WACSN and the Ministry of Health and Social Welfare (MOH) into conference after a request was made by lawyers for the Ministry of Justice (MOJ).
My name is Francis Nyepon. I am representing WACSN in the settlement and reconciliation conference ordered by the Court along with our very able team of lawyers lead by the former Solicitor General of Liberia.
The Judge unequivocally stated that the MOH illegally removed the children from the WACSN Children’s Home. It would seem that the judge would have ordered the children returned to WACSN; but, as you would suspect, politics have now inexcusably entered into the plight of these innocent and helpless children.
There have been three conferences or settlement talks between WACSN, MOJ and MOH to settle this matter.
Here’s a recap of what has happened during the Court proceedings thus far.
First, it has been established by the Court that the MOH illegally removed the 35 Children from the WACSN Children’s Home by not seeking a court order to do so. After establishing this fact, the Court however requested that the MOH present all evidence on trafficking and/or smuggling of children by WACSN as have been alleged. The MOH could not and did not produce any evidence, or give any probable cause as to why they did not respect the rule of law.
During the Court proceedings, WACSN lawyers was able to articulate and demonstrate that the children, which WACSN was being accused of smuggling were in fact in the custody of the MOH and among the 35 children unlawfully taken. Throughout the proceedings, WACSN lawyers also presented documentation on old cases of children that have already been adopted and left the country; documentation on completed new adoption cases; and documentation on cases that were in process prior to the presidential band on adoption in January 2009. This was done to prove that all adoption work conducted by WACSN had been performed legally and within the confines of the Domestic Law of the Republic of Liberia. These actions established to the Court’s satisfaction that WACSN did not traffic or smuggled any children out of the country.
WACSN’s lawyers also presented to the Court, Dr. Susan Olson of Huron, South Dakota, a medical doctor who was the last person to conduct a comprehensive medical examination of all 35 children less than a year ago. Dr. Olson visited Liberia as a volunteer of WACSN and spent extensive time with the children at the WACSN children’s home. Dr. Olson also gave her professional opinion on the physical care, health, and wellbeing of the children. She presented growth charts of the children that included nutritional data, developmental levels of motor skill.
At the end of the Court proceedings and presentations, the Judge called for a closed-door meeting in his chambers between the lawyers representing WACSN, MOJ and MOH. After that meeting, the Judge came out to say in open court that based upon the request made by the Ministry of Justice, he was ordering the parties to come up with an amicable solution to reconcile and resolve the matter.
The first reconciliation meeting was held at the MOH where all parties including Mrs. Urey, head of the WACSN adoption program, and I represented WACSN. During that meeting, the MOJ admitted that the MOH had no jurisdiction and was not authorized to accredit any adoption agencies in Liberia. Hence, the letter written to WACSN by the MOH to suspend WACSN’s accreditation was not legal and therefore null and void.
During that conference, the Minister of Health was very upset with his Deputy Minister Joseph Geebro along with his senior staff Lydia Sherman, for this action against WACSN that has embarrassed and portrayed the MOH throughout the media in a negative manner. The Minister went on to say that we should all agree, on a resolution that show a positive light on the government so that a resolution can be found. I on the other hand argued that WACSN’s reputation and that of Maria’s had been tarnished, and that both Maria and WACSN should also come out clean and made whole and not just the government.
The meeting was concluded with the Ministry of Health appealing to WACSN to present documents of the 35 children that the MOH removed illegally without a court order. Later, we were informed that a representative from WACSN along with officials from the MOJ and MOH could go and see the children at the Don Bosco Home for Street Children. The next meeting was scheduled for the following week. However, before that meeting, Mrs. Urey along with our chief of security, Mr. Jonah Nagbe had the opportunity to see the children. Both Mrs. Urey and Mr. Nagbe reported to me that the children were all doing fine and that they were all excited and wanted to be back in WACSN’s care.
Also, the Kerkula children, which the MOH accused WACSN of smuggling out of the country, were identified and seen by their father and grandmother. This established that the children were not smuggled out of the country in the first place. It only demonstrated the weakness, carelessness and politics attached to case by the MOH.
I view this personally as an outrage because the MOH have assaulted the reputation of WACSN and Maria and have cast suspicion on them not only in Liberia but also in America where many people have trusted Maria and graciously wanted to help the people of Liberia. One would have thought that the Judge had the power to return the children to WACSN where their parents want them to be. But, the Judge did not entertain the idea of any charges being brought against the MOH for its illegal action against WACSN and the children.
The second meeting was scheduled to take place at the Ministry of Justice, but later rescheduled because Deputy Minister Geebro, the head of the Department of Social Welfare had to be at a United Nations sponsored workshop outside of the capital, Monrovia that conflicted with the designated time and could not be in attendance.
The third meeting was scheduled to take place at the Ministry of Health, however our lawyers did not show up and the lawyers for the MOJ and MOH refused to sit for that meeting due to their absence. Later that afternoon, I had a meeting with our lawyers and inquired as to their absence and reluctance to attend the conference. I was informed that our inability to satisfy the financial agreement was the reason for their no show. I made every effort to reason with them and appeal to them that we had an unfortunate situation regarding the death of Maria’s husband John, which posed a serious and severe setback to our effort. I am sorry to report to you that as of today we are at a standstill until we can reach an agreement with our lawyers. Therefore, I have written to the MOJ and MOH requesting a break (stoppage) in our deliberations and settlement talks due to the death of Maria’s husband John.
I hope that I was able to address the concerns of parents who might be wondering as to the outcome of the case. If any of you have additional concerns, please do not hesitate to address them directly to me or Sister Pam while Maria is away.
Once again, I apologize for the delay that the presidential ban on adoption may have caused your family. It is our deepest hope that we will soon get the children back to WACSN where they belong. I assure each of you that the ban will be lifted soon so that you can be united with your children.
Blessings,
Francis Nyepon
francis.nyepon@gmail.com
Some of the hard-
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