-Driven Out Of Case
Criminal Court “C” at the Temple of Justice in Monrovia has driven Ex-Solicitor General J. Daku Mulbah out of a criminal case adding that he was the one that drew the indictment against the defendants in the ongoing proceedings of Tayo Motors represented by the Government of Liberia and Salah Farhat among others.
Judge Nancy S. Sammie said Cllr. Mulbah who clearly served as Solicitor General in the country has the duty and responsibility of supervising the conduct of all litigation involving the Government of Liberia.
She furthered that the Former Solicitor General at the time supervised all County and Districts Attorneys and activities relating to their scope of work, including the drawing of indictments which was reported to him directly.
The Presiding Judge emphasized that the Code of Moral and Professional Ethics of Lawyers forbids a lawyer who once held public office, or having been in public employ after his retirement from office, to accept employment in connection with any matter which he has investigated or passed upon while in such office or employ.
Judge Sammie ruled on Thursday, December 5, 2019, said Rule 34 talks about retirement from public office and it provides that, “a lawyer should not accept employment as in an advocate in any matter upon the merits of which he has previously acted in a judicial capacity. A lawyer, having once held public office or having been in public employ should not after his retirement accepts employment in connection with any matter which he has investigated or passed upon while in such office or employ.”
She furthered that the contention of the defendants through Cllr. Mulbah is unfounded and cannot be accepted by her because the Republic of Liberia thru Tayo Motors represented by EzzatEid, instituted an action against the defendants and they were subsequently indicted by the County Attorney of Montserrado County for alleged commission of the crimes of Money Laundering, Theft of Property, Misapplication of Entrusted Property and Criminal Conspiracy.
Judge Sammie stressed that the Solicitor General at the time indicted defendants Salah Farhat and Tamer Farhat which he should have been conscious of and should have immediately refused or should have recused himself from representing the defendants without the issues even been raised by the state.
“The court sees the conduct of Cllr. Mulbah as unethical and a flagrant violation of Rules 8 and 9 of the Code of Moral and Professional Ethics of Lawyers which constitutes conflict of interest,” she lamented.
She quoted Rule 8 of the Executive Law which provides that “It is the duty of the lawyer at the time of retainer to disclose to the client all of the circumstances of his relations to the parties, if there be any, and any interest in or connection with the controversy, which might influence the client in the selection of counsel. It is unprofessional to represent conflicting interests.”
Judge Sammie also added Rule 9 of the same law which states that, “a lawyer represents conflicting interests when, in behalf of one client, it is his duty to contend for what which duty to another client requires him to oppose. The obligation to represents the client with undivided fidelity and not to divulge his secrets or confidences, for bid also the subsequent acceptance of retainers or employment from others in matters adversely affecting any interest of the client with respect to which confidence has been reposed.”
The Judge added that government lawyer’s submission to the court was based on ethics of the practice of law but not to prevent Cllr. Mulbah from seeking employment.
She maintained that once he served as Solicitor General, it would be unethical and conflict of interest for the lawyer to accept employment from an opposing party relating to matters he handled or had knowledge off while serving in the capacity. TNR