Former Permanent Secretary to the President, Carter Morupisi, has suffered a setback in his ongoing legal battle after losing a case in which he sought the recusal of Judge Mercy Garekwe from his appeal. Morupisi’s legal team argued that Garekwe should step down from hearing the appeal, citing claims of bias and impartiality due to her past rulings against Morupisi in related cases.
However, Judge Garekwe rejected these claims, ruling this morning that the reasons advanced by Morupisi’s lawyer, Kole Kole, were “unmerited” and amounted to an abuse of the court. In her decision, Garekwe emphasized that the mere fact that she had previously ruled against Morupisi in related matters did not constitute evidence of bias or lack of impartiality.
Judge Garekwe’s ruling underscores the principle that judges must be allowed to carry out their duties without undue influence or unfounded challenges to their impartiality. Morupisi’s legal team, led by Kole, had argued that the judge’s prior decisions were indicative of a prejudiced stance against their client, but this claim was not upheld in court.
Morupisi, who was previously convicted in a corruption case, had hoped to have the judge removed from the appeal, fearing that the outcome would be influenced by past decisions. However, with the ruling against the recusal, Garekwe will continue presiding over the case, which remains critical in determining the former Permanent Secretary’s future.
The decision has garnered attention as it emphasizes the importance of maintaining confidence in the judicial process. Claims of bias are serious and must be substantiated with clear evidence, rather than being used as a tool to delay or disrupt legal proceedings.
As the appeal moves forward, Morupisi’s legal team will likely need to focus on the substance of the case itself, rather than challenging the composition of the bench. Judge Garekwe’s decision to dismiss the recusal request is seen as a firm stance on judicial integrity and the need for due process.
This development marks another chapter in the ongoing legal saga involving Carter Morupisi, with public interest remaining high as the case continues to unfold.
