Zwedru, Grand Gedeh – Mr. Cyrus Cooper, a former Representative candidate from Tchien District, Grand Gedeh County, has filed an appeal of recusal, calling for George Wiles Jr. Resident Circuit Judge of Grand Gedeh County to recuse himself from presiding over an ongoing land dispute case between him and Mr. Wilhelm W. Cooper (his brother) of the United states of America.
Report by Henry Karmo, [email protected]
Cyrus Cooper accused Judge Wiles of manipulating a land dispute case in favor of his brother (Wilhelm Cooper), but Judge Wiles says the allegation is false and misleading.
In his reference to business law, Cooper said, a conflict of interest arises when what is in a person’s best interest is not in the best interest of another person or organization to which that individual owes loyalty.
“For example, an employee may simultaneously help himself but hurt his employer by taking a bribe to purchase inferior goods for his company’s use.
“Additionally, a conflict of interest can also exist when a person must answer to two different individuals or groups whose needs are at odds with each other. In this case, serving one individual or group will injure the other.”
Cooper argues that Judge Wiles is a biological relative to both him being the complainant and defendant (his brother), therefore, by virtue of the biological relationship, Judge Wiles is not in the position to render unbiased judgment in this case.
He believes the judgment was compromised from the very beginning of the case for reason(s) that that Judge Wiles would accept a case involving two of his biological relatives. This, he said, shows poor judgement on the part of judge Wile, noting that, he is incapable to handle the case in question. “He must recuse himself in the best interest of the both parties involved and also to safe the Liberian justice system from public ridicule.”
Moreover, Cooper contended that “In business and law, having a “fiduciary responsibility” to someone is known as having a “duty of loyalty.” “Judge Wiles is under oath of loyalty to his client in the case of attorney client relationship and loyalty to the constitution of Liberia in the case of judge presiding over a case such as the case before his court. Therefore, in this case, whose side would judge Wiles take?” he said.
The Resident Circuit Judge in a telephone interview with FrontPage Africa promised to step aside in the case to avoid conflict of interest but claimed that the land in question is not owned by the complainant.
“They haven’t done anything about the will there is a farm land the brother negotiated for and he went there to have the tribal people go against his brother this has nothing to do with his father Will.
“As a Judge I gave a court order to restrain him from going there. The order stopped him from going there that is why he has come to the press. I told him if he has issues let him go to through the court. This is not a case for the newspaper let him go through the court.”
Part of Cooper complaint against Judge Wiles is that he singlehandedly crafted bond in the name of a local insurance company “Family Dollars” for Wilhelm but the firm has issued disclaimer on the bond.
In response to questions about the bond Judge Wiles admitted to signing the bond document which he said is part of his role as a lawyer and claimed innocence to its crafting and formulation.
“As a judge I approved the bond I had nothing to do with it. He cannot question my decision for approving the bond, if he has issues with credibility and existence of the entity providing the bond he can challenge it through court.
“I can assure you that I will recuse myself from anything that has to do with him and his brother; I don’t want confusion I am relative to them but it seems that they don’t to make peace.
“He has no deeds for the land he is claiming, the brother negotiated for that land on his own,” Judge Wiles said.
Cooper had earlier filed a complaint to the seventh Judicial Circuit Court of Grand Gedeh County on account that the parcel of land which is more than 300 acres was initially purchased by his late father, Cooper and it was bequeathed to him by will, but unfortunately all purchase documents and title thereto were lost during the Liberian Civil Conflict.