Justice Fynn Writes President Bio Over Tribunal Referral for Judge Halloway

Justice Reginald Sydney Fynn of the Court of Appeal has written to President Julius Maada Bio expressing dissent over the Judicial and Legal Service Commission’s decision to refer Justice Allan Halloway to the President for the establishment of a tribunal to investigate his conduct.

In a letter dated 22nd September 2025, Justice Fynn said he was prevented from recording his dissent during the Commission’s meeting on 5th September 2025. He argued that the decision was made without proper adherence to due process and the principles of natural justice.

The Commission, he said, relied on old newspapers, letters, and documents dating from 2010 to 2013, without a clear statement of the alleged misconduct against Justice Halloway. He noted that past conduct is generally considered prejudicial and unreliable as evidence of current wrongdoing.

Fynn criticized the process, highlighting that the Chief Justice, who presented the case, acted as both complainant and chairman. He argued that Justice Halloway was not informed of any disciplinary proceedings and was denied the opportunity to present his side of the story.

Referring to the Constitution, Justice Fynn emphasized that removal is the ultimate penalty for judicial misconduct and should only be reserved for the most serious, chronic, or incorrigible cases. He questioned whether there was sufficient prima facie evidence to justify such a referral.

Fynn noted that proper notice of the meeting was not given, agenda papers were not distributed beforehand, and the meeting was conducted in a “cloud of anger,” making it difficult for members to consider the matter carefully.

He further stated that Justice Halloway’s own complaints against the Chief Justice, alleging constitutional violations, were not given due consideration.

Justice Fynn concluded that these procedural flaws cast a shadow over the referral and urged the President to consider his reservations.

He stressed that upholding fairness, transparency, and judicial independence is vital for maintaining the integrity of Sierra Leone’s judiciary.