By: Frank P. Martin
Monrovia: Criminal Court “A” at the Temple of Justice on Capitol Hill in Monrovia has denied and dismissed a motion filed by Justice Gloria Musu-Scott’s legal team to release her from the Monrovia Central Prison, known as ‘South Beach Prison,’ on bail.
This followed her detention along with three of her family members there on Thursday, June 22, 2023, on murder and other charges.
After the issuance of a Writ of Arrest from the Monrovia City Court, Cllr. Gloria Musu Scott, former Chief Justice of the Supreme Court of Liberia along with Gertrude Newton, Rebecca Wisner, and Alice Johnson were charged and detained for murder, raising false alarm and criminal conspiracy relative to the killing of the Ex-CJ’s daughter, Charloe Musu, in their Brewerville residence, outside Monrovia.
It followed an intense legal debate involving some of Liberia’s best and brightest lawyers, representing the interest of the State and the defendants.
The government’s legal team comprises Cllr. Lafeyette B. Gould, Cllr. Nyante Twan, Cllr. Sumo C. Kuku, Cllr. Aloysius F. K. Allison, Cllr. J. Adolphus Karnuah, II, Cllr. Aaron Kpaklin, Atty. J. Dexter Puiyou, among other veteran lawyers.
In Court Chamber yesterday, the Former Chief Justice Scott joined her team of lawyers, including Cllr. Francis Johnson Allison, former Chief Justice of the Supreme Court of Liberia; Cllr. Kabineh Ja’neh, former Associate Justice of the Supreme Court of Liberia; Cllr. T. Negablee Warner, former Dean of the Louis Arthur Grimes School of Law of the University of Liberia.
Other defense lawyers who joined Cllr. Scott were Cllr. J. Laveli Supuwood, former Associate Justice of the Supreme Court of Liberia, Cllr. Augustine C. Fayiah, Cllr. Gerald G. Appleton, Cllr. Gedu Johnson Sarvice, Atty. Addy Weady Kerkulah, Atty. Faciah Harris, Cllr. Richard J. Scott, Cllr. Kuku Dorbor, Cllr. Jonathan Massaquoi, Cllr. Murphy Kanneh, Attorney Bouwolo Taylor Kelly and Atty. N. Dixon R. Tamba among others.
In court’s argument, defense Musu-Scott lawyers prayed to the Court for their client to be placed on personal recognizance because she is a former Chief Justice, former Senator and who has held many other positions in the country and that she is a state woman.
In a contested argument, the Defendants relied upon several laws which, according to them, placed the Defendants who committed Murder or similar crime on Bail and therefore the Court will not be in error if it did similar thing in the case of Cllr. Scott and other accused.
When the prosecution lawyers took the stage, they resisted and further argued that the Motion for Bail, as filed by the Movants/Defendants, should be denied before the Court.
The government lawyers also relied upon the Constitution Article 21(d) said while it is true that all crimes should be bailable, there is a prepositional clause which says that “unless the crime being charged against the Defendants or that accused persons should not be bailed.
Moreover, the prosecution said the crime of murder is grave or Capital Offense” therefore, this portion of the Constitution applies to Cllr. Gloria Musu-Scott as well in respective of her former and present status.
Judge Roosevelt Willie, having listened to the arguments as put forth by both legal teams analyzed that the principal argument of the Movants/Defendants for which they are entitled to Bail is that the indictment did not substantively charged the Defendants or charged the person who committed the Crime of Murder and therefore prove is not evidence and presumption is not great.
In his judgment, the Criminal Court “A” Judge asked whether it is true that the indictment did not charge the Defendants or persons who committed the crime of Murder?
In response, the Judge answered: “The answer is no, because the indictment named those who committed the crime of Murder as Gloria Musu Scott, Getrude Newton, Alice Johnson and Rebecca Youdeh Wisner so the indictment named those who committed the crime of murder.
Judge: “This proceeding we are in is not the place to prove who actually committed that murder or how it was committed because that burden is on the Prosecution.”
The Criminal Court “A” Judge further said while it is true that when the indictment has been presented to the Defendants to prove that it is on the Defendants, all Prosecution can do is to debunk that statement and therefore the proper time will come for Prosecution to prove beyond all reasonable doubt how these Defendants committed the crime of Murder.
Judge Willie: “The other question that we asked earlier is: Are these Defendants entitled to Bail, we go back to the 1986 constitution, the organic law of the land. Article 21(d)(i) states “all accused persons shall be bailable upon their personal recognizance or by sufficient sureties depending on the gravity of the crime unless crimes of capital offenses or grave offenses as defined by law. That unless has a foundation and that foundation is if you are charged with a capital offense or a grave offense, you are not entitled to Bail.
In furtherance, he said the issue raised by the Movants/Defendants that Cllr. Gloria Musu-Scott is a State’s woman who has served in many capacities in this country, saying “True, but what does the law says, the law says all persons, the law did not distinguish as to who should be bailed when they commit grave or capital offense.”
“WHEREFORE AND IN VIEW OF THE FOREGOING FACTS AND CIRCUMSTANCES, the Motion to admit to Bail is hereby denied and prove beyond all reasonable doubt as required by our law will be shown when this case is assigned where the Prosecution will be ordered to prove beyond all reasonable doubt the guilt of the Defendants. AND IT IS HEREBY SO ORDERED.”