Monrovia – Presiding Judge Roosevelt Willie of Criminal Court “A” at the Temple of Justice Monday, August 13, placed a stay order on proceeding in a persistent non-support case involving Cllr. Michael Diggs and Madam Malessa Blayee.
Report by Kennedy L. Yangian, [email protected]
Associate Magistrate Lasana Kamara presiding over the case while the stay order has been placed on the case has been ordered to appear before Judge Roosevelt Willie on Thursday, August 16, at 2 p.m. for a conference based on complaint from one of the parties, Cllr. Michael Diggs against Magistrate Kamara.
The lower court order issued reads: by directive of his honour Roosevelt Willie Resident Circuit Judge presiding over the First Judicial Circuit Criminal Court “A” for Montserrado County, Temple of Justice you are hereby cited to a conference in the Judge’s Chamber on Thursday, August 16, 2018 at the hour of 2 p.m. relative to a petition filed against you by Cllr. Michael Diggs.
Another part of the order reads thus, meanwhile you should stay all further proceedings pending the outcome of the conference.
Cllr. Diggs is being charged by Monrovia City Court with persistent non-support based on complaint of Madam Malessa Blayee, who had accused Cllr Diggs of his alleged failure to support his son born on July 25, 2017.
However, in his petition to the Criminal Court “A,” Cllr Diggs accused Associate Magistrate Kamara since he appeared before him for hearing of the case of wantonly violating his right to due process and arbitrarily imposing huge sums of money in a bogus and unmeritorious persistent non-support complaint filed by Madam Blayee.
Cllr Diggs told the Criminal Court “A” in his petition that not only that Magistrate Kamara had denied him any and all opportunity to vigorously present his side of the story in the matter which is consistent with the accused right to due process under the law and Constitution but the Magistrate is conducting the matter in such a manner and form that provides the forum for Madam Blayee and her band of extortionists and blackmailers to continuously broadcast his name and the matter on radio hereby bringing serious disrepute against him at Counselor-at-Law.
In furtherance of his complaint against Associate Magistrate Kamara, Cllr. Diggs claimed that the magistrate denied him giving testimony and compelled him to file criminal appearance bond as if to say that he was a flight risk.
According to complainant Diggs while driving from Monrovia to Gbarnga on Friday, August 10, around 7 p.m., a friend called to inform him that it was being aired on Truth FM to the effect that he risked prison because Magistrate Kamara has issued a writ of contempt against him for his failure to appear in court and wish to challenge the Associate Magistrate Kamara to produce any assignment served him wherein he failed to appear in court.
Commenting on the allegation of persistent non-support, Cllr. Diggs who described the allegation as an extortion scheme stated that in February of 2017, he made a payment of US$1,000 during the early stage of her pregnancy which she has admitted to the court and after giving birth on July 25, 2017 and US$200 for her monthly upkeep and if same amount was to be divided by 12 months means that Madam Blayee had got at least US$100.00 for her up keep for the first six months.
According to Cllr. Diggs, he believes that Associate Magistrate Kamara must be enjoined from further presiding in this matter because Magistrate Kamara either lacks the competence and experience to preside over the delegate and sensitive issue or may be working in cohort with Madam Blayee.
“Wherefore and in view of the foregoing, the petitioner requests your honour to enjoin Magistrate Kamara, decide and resolve all outstanding issues and order a paternity test between the petitioner and respondent Blayee child and grant unto the petitioner all that is just legal and equitable” said Cllr. Diggs.