IN THE SUPREME COURT OF SIERRA LEONE (THURSDAY 23RD MARCH 2000)

CORAM:

HON. MR. JUSTICE D.E.F. LUKE: - CJ. HON. MR. JUSTICE. M.O. ADOPHY - JSC BON. MK. JUSTICE. A.B. TIMBO - JSC HON. MR. JUSTICE. H.M. JOKO-SMART - JSC HUN. MR. JUSTICE S.C.E. WARNE. - JSC SC. MISC. APt. 7/99

DR. HARRY WILL

AND

ATTORNEY-GENERAL & MINISTER OF JUSTICE DR. BU-BUAKAI JABBI FOR THE APPLICANT ATTORNEY -GENERAL WITH HIM A.S BAH FOR THE RESPONDENT

RULING DELIVERED -DESMON LUKE, C.J.:

(1) Leave granted to apply for certiorari.

(2) I do not grant a Stay of Execution.

(3) Applicant to ensure that the title is amended.

CONTEMPT PROCEEDINGS

The Court draws att«ntion of Or. Jabbi to a letter dated 15.3.2000 asking him to show cause why the contents thereof should not be deemed to be contemptous of the Court.

Letter read part of proceedings.

Dr. Jabbi defends his letter and apologised.

A.G. as an officer of the Court states the gravity of the contempt.

Contempt proceedings are stood down.

Court resumes at 11.30 a.m.

Court: The matter was stood down. Dr. Jabbi's letter written on the 15.3.2000 has

been read out. Dr. Jabbi was given the opportunity to purge his contempt.

Dr. Jabbi is given an opportunity to say something before the Judgment of this court is delivered.

Dr. Bu-Buakei Jabbi - As I said earlier, the letter was not by any stretch of the imagination intended to be contemptuous. I have profoundest respect not only for the Supreme Court of Sierra Leone but for every member individually and personally of the Supreme Court of Sierra Leone and indeed for all Courts, Justices and officers of the Judiciary of Sierra Leone. Far be it from me to ever contemplate the contempt towards

2.

any of the officers of the Court. I have not consciously or intentionally done so in the said letter of 15th March, 2000. However, the effect of the said letter having being what to my surprise it baa turned out to be, I have to accept your Lordship's view of that effect. And I crave the indulgence of your Lordships to accept that very sincere apology and to treat the contempt though unintended, as sincerely and effectively purged.. As a Practitioner before this Court, I have always shown the greatest courtesy and respect in my appearance before your Lordships. I believe the same is true in my relationship and appearances before other Jurisdictions. I urge your lordship to take Judicial notice of that past conduct of mine both in this Court and in my other interaction with your Lordships. I did not intend to be contemptuous towards this Court. I very much regret that the said letter has given that effect. I accept that view of the matter. And I unreservedly withdraw the parts of the letter that have given that effect. The contempt in the letter is not a contempt in the face of the Court. I would never knowingly commit such a contempt in the face of the Court. The said contempt being what it is, I respectfully urge your Lordships to accept my unreserved apologies for it and to also accept ay plea that it be totally withdrawn and effaced both from the records end your memories. And I hereby make a solemn undertaking that neither in my thought nor in my conduct before this or any other Court in this jurisdiction or towards any judicial officer in that capacity nor in any otter fora whatsoever will I ever do anything smacking of such contempt or indeed amounting to such contempt. My Lords, on the basin of my acceptance of the offset, of the letter as unintentionally amounting to a contempt and on the basis of my unreserved acceptance of that effect and the parts of the letter and on the basis of my apology and undertaking I urge your Lordships to graciously treat the contempt as purged and you withhold the ultimate sanction that you night otherwise be inclined to impose. I can only finally leave myself at your mercy.

The Court by a unanimous verdict finds you guilty of contempt of this Court. 'Jo you have anything to say before sentence? Jabbi: I am at the. mercy of the Court.

Sentenced to 1 day's imprisonment.

Chief Justice M.O. Adophy, JSC A.B. Timbo. JSC H.N." Joko-Smart, JSC