Court Releases Ex-Chief Justice Gloria Scott, But Police Press Criminal Charges Against Her, 3 Others

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Prosecution Asserts That Judiciary Released Cllr. Scott Based on Status

PHOTO: Former Chief Justice Gloria Scott (in blue African gown) being escorted from the Police HQ by her Lawyers

By Garmah Never Lomo, garmahlomo@gmail.com

TEMPLE OF JUSTICE, Monrovia – Former Liberian Supreme Court Chief Justice, Gloria Musu Scott is now out of Police custody along with three members of her household who were at her residence when young Charloe Musu was allegedly brutally murdered last February, after the Criminal Court issued a Writ of Habeas Corpus. But the Police have charged them with Murder, Criminal Facilitation and raising false alarms,

One of state prosecutors and Special Assistant to the Solicitor General Cllr. Lafayette Gould in the Habeas Corpus petition filed by former Chief Justice Gloria Musu Scott, Ma Rebecca Youdeh Wisner, Gertrude Newton and Alice Johnson has claimed that the Judiciary granted the writ of Habeas Corpus based on the status of Cllr. Scott.

A Habeas Corpus writ requires a person under arrest to be brought before a judge or into court, especially to secure the person’s release, unless lawful grounds are shown for their detention.

The writ of Habeas Corpus was filed late Tuesday June 20,2023.

“If it was an Ordinary person, they wouldn’t go home today,” Cllr. Gould said.

“The woman is a former Chief Justice, he added.”

Cllr. Gould made the statement immediately after the writ was granted by Judge Blamo Dixon of Criminal Court “C” during an exclusive interview with Judicial reporters.

Cllr. Gould statement made that if it was an ordinary person, they wouldn’t go home said relentlessly why twisting his mouth and waving his hands.

This statement by Cllr. Gould validate the rumors in the public that there is no justice for the poor in Liberia.

During the argument, Cllr. Gould said, the forty-eight hours mentioned in the constitution didn’t expire stating that the writ of Habeas Corpus filed by the defendants was premature and he also dispelled the rumor that the suspects hasn’t been charged and he challenged the lawyers representing Cllr. Scott and family to show proof or copy of the charge sheet.

He further argued that the respondent (Ministry of Justice) hasn’t violated the rights of the petitioners because the forty-eight hours was still in tight.

State prosecutor Gould told the court that all the appearances made by Cllr. Scott and family at the police headquarters, they were persons of interest and not suspects.

The writ of Habeas Corpus filed by the petitioners was premature.

The respondent pray court to ignore, deny, and set aside and dismiss the petition in it entirety.

For their part, team of lawyers representing former Chief Justice Gloria Musu Scott told court during the hearing of Habeas Corpus at Criminal Court C presided over by Judge Blamo Dixon that his Clients Gloria Musu Scott was humiliated where her slippers were removed and slept in jail with a male suspects in the police holding cell.

Cllr. Jonathan Massaquoi said, the aim of petitioners’ petition is very simple because since three months, respondent (Ministry of Justice) has access to state resources to produce prima facie evidence which wasn’t done by the respondent.

Defense lawyer Massaquoi argued petitioners have been denied their constitutional rights where they were humiliated and tortured.

“They humiliated her taking off her slippers and put her cell with male suspects which is in violation of her fundamental rights adding that detention is not investigation,“ Cllr Massaquoi argued.

Everything the police has been doing to the former Chief Justice is a complete miscarriage of Justice says Cllr. Massaquoi and he warned prosecutors to stop delaying the case highlighting that if they don’t have evidence, they don’t just have.

Defense lawyer Massaquoi in his argument cited Article 21 (e,f) of the Liberian constitution which states:

No person charged, arrested, restricted, detained or otherwise held in connement shall be subject to torture or inhumane treatment; nor shall any person except military personnel, be kept or conned in any military facility; nor shall any person be seized and kept among convicted prisoners or treated as a convict, unless such person rst shall have been convicted of a crime in court of competent jurisdiction.

The Legislature shall make it a criminal offense and provide for appropriate penalties against any police or security ofcer, prosecutor, administrator or any other public or security ofcer, prosecutor, administrator or any other public ofcial acting in contravention of this provision; and any person so damaged by the conduct of any such public ofcial shall have a civil remedy therefor, exclusive of any criminal penalties imposed.

f. Every person arrested or detained shall be formally charged and presented before a court of competent jurisdiction within forty-eight hours. Should the court determine the existence of a prima facie case against the accused, it shall issue a formal writ of arrest setting out the charge or charges and shall provide for a speedy trial. There shall be no preventive detention.

Meanwhile, Judge Blamo Dixon of Criminal Court “C” granted the writ and ruled that petitioners petition for writ of Habeas Corpus will lies because the petitioners have been in constructive detention and protective custody since February 22-20 June 2023 .

Judge Dixon said to sum up, our law provides that when liberty and rights of a citizen of Liberia is restraint the appropriate remedy is the writ of Habeas Corpus.

The Criminal Court “C” no nonsense Judge further added that the constitution didn’t say after forty-eight hours but rather within forty-eight hours and it was within the forty-eight hours the petitioners writ for Habeas Corpus was filed and therefore, the writ of Habeas Corpus filed by the petitioners was not premature because it was done within the confines and statutory period as stated in Article 21(e,f).

In conclusion, the petitioners are herby ordered release from the holding cell of the Liberia National Police and entrust from custody to their legal counsels headed by Cllr. Augustine Fayiah and some of whom present in court.

“The petitioners shall not go back to the Liberia National Police headquarters but will go straight to their home from the court.

Judge Dixon also ordered that the heavy armed police officers assigned at the residence of Cllr. Scott be reduced or withdrew.

Wherefore and in view of the foregoing, facts and circumstances, the petitioners rights are hereby restored and resistant filed by prosecutors are herby denied.

To which ruling, state prosecutors excepts and give notice to court that it will take advantage of the statute controlling.

Background

Back in March, the Police invited former Chief Justice Scott who was assisting the LNP in ongoing investigation into recent attack on her home that left her daughter killed in the Brewerville suburb of Monrovia, which led to the alleged killing of Charloe, who was about to graduate from the Starz College in Sinkor.

The ex-Chief Justice appearance was the third time she has shown up at the Police headquarters for questioning.

Provisional autopsy report in late March 2023 revealed that the Late Charloe Musu’s death is suggested to exsanguination, massive left hemothorax and left lung collapse.

Exsanguination means to use a sharp object to pierce a person in many times in a violent manner. Provisional Autopsy Report On Ex-Chief Justice’s Daughter: She Died From Profuse Bleeding – News Public Trust

Prosecution Asserts That Judiciary Released Cllr. Scott Based on Status

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