Let Justice Be Done~

12 DAYS SPECIAL CHAMBER SECTION CRIMINAL COURT “A”
FEBRUARY A.D. 2009
FRIDAY MAY 1ST 2009
THE COURT:
MR. SHERIFF CALL THE CASE INDEPENDENT CIVIL & HUMAN RIGHTS CENTER, INC. REPRESENTED BY AND THRU ITS CHIEF EXECUTIVE OFFICER, J. MELVIN PAGE, SR. VERSUS THE MINISTRY OF JUSTICE, BY AND THRU ITS ATTORNEY GENERAL, PHILIP A.Z. BANKS, THE MINISTRY OF HEALTH & SOCIAL WELFARE BY AND THRU ITS MINISTER THEIR RESPECTIVE PRINCIPAL DEPUTIES ET-AL. AND WEST AFRICAN CHILDRENS SUPPORT NETWORK ( WACSN) RESPONDENTS, ACTION PETITION FOR A WRIT OF HABEAS CORPUS IS CALL FOR HEARING.
SHERIFF’S REPORT:
Parties are present.
COURT:
The court observes the absence of Cllr. Thompson Jerbeh who is the counsel for the petitioner. The court says that it has elected to take evidence from the adoption agency, co-respondent, and the Ministry of Justice only, before it can pass on this Habeas Corpus proceedings. The court is proceeding this way because even though co-respondent , and the adoption agency, was made, one of the defendents in this case, but the court should have been the real petitioner because, it is from its custody that the 35 or more children were taken by the Ministry of Health and Justice. The court will now take representation of the counsel for WACSN and the counsel for the Ministry of Justice.
Co-respondents, the Ministry of Justice and the Ministry of of Health and Social Welfare are represented as per record and present in court to be later joined by other prosecuting attorneys of records is Samuel K. Jacobs Esq. Attorney at law for Montserrado county, who says and submits that he is in court. And respectfully submits.
At this stage co-respondent WACSN is represented as per record and present in court is Cllr. Theophillus Gould and respectfully submit that following the notation of representation he has a submission to make. And respectfully submit.
THE COURT:
The representation are all noted. Co-respondent WACSN Adoption Agency is hereby permitted to make its submission to the minutes of court. AND IT IS SO ORDERED.
At this stage, co-respondents WACSN begs to inform court that consistent with the court ruling that it present to court instruments at or evidence to show why it is qualified to serve as an adoption agency respectfully submits to court Articles of Incorporation filed by the Ministry of Foreign Affairs consistent with the law. A Certificate of Accreditation issued by the Ministry of Planning bearing number 0212 and a historical summary depicting objectives of the said institution. Further counsel submits to the court an instrument for the Honourable House of Representative dated March 24, 2006 indicating primarily that there was no evidence to support the allegation of child trafficking. The subject instrument also reveals that there appears to be a confusion between adoption which is legal, and trafficking which is illegal. The Honourable body therefore concluded that WACSN is involved in legal activities that relate to humanitarian work.
Further substantiates the legitimacy and the effectuation of the aims and objectives of the entity WACSN has adopted or caused to be adopted several unfortunate Liberian minors including the grandchild of the current County Attorney of Montserrado , a staff of the Ministry of Justice. Also and present in this court is Dr. Olsen, an adoptive parent of one of the minor children and the immediate past attending medical doctor who attended to the subject minor children to ensure that they were healthy and that their physical well being was on par with children who have normal nutritive meals.
Wherefore and in view of the foregoing, counsel for co-respondent submits to this court the names, instruments, and by permission of the court respectfully request that Dr. Olsen please stand. Given the fact and in view of the fact that the minor children were without court order seized from the premises of WACSN it is the prayer of this co-respondent that while disposing the Habeas Corpus, that co-respondent Ministry of Health and Justice be ordered directed and adjust to return the minor children to the premises from which they were seized and that in the event they so desire they may seek appropriate to the court. This prayer is made in the interest of the minor children given the fact that since the dependency of this action they were said to be at various sites of Don Bosco, an entity which attracts wayward children, grant temporary relief and relese them to the public. The fear of co-respondent WACSN is that keeping these children in such an environment under such conditions will not be to their benefit. And so co-respondent so pray. AND SUBMITS.
THE COURT:
The submission of co-respondent WACSN is noted and the documents submitted to this court is hereby received to form part of its records. The court will now turn to the Ministry of Justice which is represented by its prosecuting attorney for Montserrado county to provide for the review of this court any reason if they have for this court not to grant the prayer of co-respondent WACSN to order the turning over of the children to WACSN. IT IS HEREBY SO ORDERED.
At this stage, co-respondent the Ministry of Justice and Health and Social Welfare say and submit that the Ministry of Justice has statutory mandate to protect the live and citizens as well as residents residing within the Republic of Liberia.
Co-respondents further say it is also incumbent upon the Ministry of Justice which serves as both the prosecuting are of government as well as the investigating arm also have the responsibility to ensure the welfare of its citizens and residents alike; in which a 35 minor children the subject of these proceedings are not excluded. Co-respondent the Ministry of Justice further bring to the attention of this court your Honour that prior to the adoption by WACSN of the 35 minors, had suspended the adoption license of co-respondent WACSN; further to the above, co-respondent the Ministry of Justice and the Ministry of Health say and submit that their investigation has determined that the facilities of WACSN are not conducive enough to cater to the wellbeing of the 35 children. Hence it became obligatory on the part of the Ministry of Justice and Ministry of Health and Social Welfare to secure the custody of the 35 minor children until WACSN can improve its facilities; since indeed the Ministry of Justice is responsible for the welfare and wellbeing of all of its citizens of whom the 35 minors are a part. Co-respondent the Ministry of Justice says and submit that the Ministry of Justice has not acted in contravention to the statutory of the Republic of Liberia as has been alleged by Cllr Gould that we entered the premises without a court order and or without any justifiable reason and therefore we should be adjudged and ordered to have the 35 minor children return to WACSN. Co-respondent the Ministry of Justice says and submit that the action of the government of Liberia to protect its citizens as in the instant case should not be construed as being in violation of the law. Further to the above fact co-respondent the Ministry of Justice say that the 35 children the subject of these proceedings are in good care that is in the care of the Government of Liberia and that we are prepared at any time as may be deemed expedient by this court and your Honour to convey the parents to the Don Bosco compound where the children are presently being cater to by the government; and that co-respondent WACSN has been ordered by this court should show evidence that they have improved facilities for the 35 children that have been relinquished to their custody for adoption; and that the Ministry of Health and Social Welfare should go and inspect the said facilities making show that they are conducive enough to have the minor children kept for subsequent adoption to their adoptive parents; and that the conditions under which the adoption license of WACSN was revoked and or suspended be met before such suspension and or revocation be lifted by the government. In closing the government of Liberia by and thru co-respondent the Ministry of Justice prays this honourable court and your honour that their action is not in any way made or done in bad faith but to ensure the wellbeing and welfare of its citizen and as such it should not be construed as kidnapping or hijacking as well as trafficking even to the forceful taking.
Wherefore in view of the foregoing co-respondent the Ministry of Justice and the Ministyr of Health pray court and your Honour to grant their application or request that they are ready at any time to convey the parents of the 35 minor children to the Don Bosco compound since the concern of the parent have been to know the whereabout of their children and that co-respondent WACSN be made to show evidence that they have improved the facilities for the well being and welfare of the 35 Liberian children as has been ordered by this court. AND SUBMIT.
THE COURT:
This court says that it has received all the evidences pertaining to this Habeas Corpus. It is now satisfied to render its ruling. It will do so on Monday, May 4, 2009 at the hour of 10:00 am. All parties being present this minute stand as notice of Assignment.
AND IT IS SO OREDERED. MATTER SUSPENDED.