Appeal Court Judge Dissent Over Tribunal Referral of Justice Halloway
An unusual twist has emerged in the ongoing saga involving suspended Supreme Court Judge, Allan B. Halloway, after Appeal Court Judge,ย Reginald Sydney Fynn publicly dissented from theย decision of the Judicial and Legal Service Commission (JLSC).
In a strongly worded letter to President Julius Maada Bio, Justice Fynn revealed he was not allowed to officially record his objections when the Commission voted on September 5th to refer Justice Halloway for a tribunal investigation. He said he felt compelled to write directly to the President, describing the process as unfair and flawed.
Justice Fynn further argues that the Commissionย has not distinctly outlined the saidย misconductย Justice Halloway was accused of, instead relying on old newspapers, letters, and previous issues.
He also questioned why Chief Justice Komba Kamanda ย chaired the meeting despite being directly involved in the dispute, describing it as a case of โjudge and jury in his own cause.โ
Justice alsoย criticized the failure to give Halloway a chance to respond, insisting that โhear the other sideโ is a basic principle of justice. He added that members of the Commission were not given proper notice or documents ahead of the meeting, leaving little time for reflection on such a weighty matter.
The Appeal Court Judge warned that removal proceedings are the โultimate penaltyโ for a judge and should only be triggered by grave misconduct supported by clear evidence. He cautioned that the Commissionโs rushed and hostile deliberations cast โan ominous shadowโ over the fairness of the entire process.
Justice Fynn concluded that the Supreme Court itself could have resolved the dispute between the Chief Justice and Justice Halloway, instead of escalating it into what he described as a possible reprisal.