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HOUSE RETREATS FROM SUMMONING JUDGE CAREY IN US$19M COCAINE PROBE, CITES CONSTITUTIONAL IMMUNITY UNDER ARTICLE 73

MONROVIA – The House of Representatives has reversed course on its controversial decision to summon His Honour Judge T. Ciapha Carey over his handling of a key aspect of Liberia’s ongoing US$19 million cocaine trafficking case, acknowledging that such a move would violate constitutional protections granted to members of the judiciary.

The abrupt reversal comes just days after lawmakers voted to require Judge Carey, formerly assigned to the 13th Judicial Circuit Court and now serving at the 11th Judicial Circuit Court, to appear before Plenary to explain his decision to grant a medical release to prime cocaine suspect Michael (Marcus) U.S. Browne, who was being held at Kakata Central Prison in 2024.

During Thursday’s sitting, Speaker Richard Nagbe Koon announced that the House had suspended its earlier decision after determining that compelling the judge to testify before lawmakers would conflict with Article 73 of the Liberian Constitution, which safeguards judicial independence.

Article 73 provides that judicial officials cannot be summoned, arrested, detained, prosecuted, or tried for opinions, statements, or judicial acts performed in the discharge of their official duties, except in cases involving treason, other felonies, misdemeanors, or breaches of the peace.

The House’s decision marks a significant retreat from Tuesday’s vote, when lawmakers overwhelmingly agreed to summon Judge Carey amid mounting public scrutiny over the release of Browne, a central suspect in one of Liberia’s largest reported cocaine trafficking investigations.

The push for the judge’s appearance originated from Representative James Kolleh, who questioned whether the medical release complied with established legal procedures and whether the court exercised its authority within the bounds of the law.

Representative Kolleh had also requested that the House summon the Attorney General and Minister of Justice, the Superintendent of Margibi Central Prison, and other officials directly connected to Browne’s release to explain the legal basis for the decision and clarify whether all statutory requirements had been satisfied.

However, after further legal review, both Speaker Koon and Representative Kolleh acknowledged before Plenary that compelling Judge Carey to appear before the Legislature would undermine constitutional guarantees protecting judicial officers from legislative interference in matters arising from their official judicial functions.

As a result, lawmakers suspended not only Judge Carey’s planned appearance but also the scheduled appearances of the other officials linked to the matter while they reassess the constitutional implications of the investigation.

Despite backing away from the summons, the House indicated that it has not abandoned its interest in the controversial release. Lawmakers disclosed that they are compiling evidence and documentation for formal submission to the Chief Justice, who possesses the constitutional authority to address concerns involving judicial conduct.

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