Cllr. Scott Tells Court: “The Law Doesn’t See Status”
PHOTO: Former Chief Justice arguing on her behalf in Court
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Former Liberian Chief Justice Gloria Musu Scott has been denied bail by the Criminal Court “A”, as she defended herself during the motion to admit to bail hearing on Tuesday, July 4, 2023.
The court presided over by its Resident Circuit Court Judge Roosevelt Z. Willie on denied the former Chief Justice Scott and three other family members bail on grounds that the law doesn’t see status or position as being argued by the defense lawyers.
But defense lawyers have taken exception to the Judge’s ruling.
On June 22, 2023, the former Liberian Chief Justice was sent to jail by the Monrovia City Court presided over by Magistrate Ben Barco, after she and three of her family members were charged with Murder, Criminal Conspiracy and raising false alarms in connection with the gruesome death of her daughter, Charloe Musu. The three other Rebecca Youdeh Wisner, Gertrude Newton and Alice Johnson
Their incarceration came after the Judge reserved ruling for tomorrow, Friday, June 23,2023 into a submission by their Lawyers to grant the defendants bail. Charloe was just about to graduate from the Starz University College in Monrovia, when the fatal incident happened on February 22 this year. Former Chief Justice Gloria Scott And 3 Others Finally Sent To Jail – News Public Trust
But in his ruling on Tuesday denying her Bail, Judge Willie said: ”All persons are equal before the law and are therefore entitled to the equal protection of the law,” quoting Article 11(c) of the 1986 Constitution of Liberia.
Justice Scott being led out ot the courtroom by security officers followed by relatives and friends today (Tuesday)
Wherefore and in view of the foregoing, facts and circumstances, the motion to admit to bail is hereby denied and prosecution will be ordered to prove beyond all reasonable doubt to prove the guilty of the defendants.
Judge Willie after listening to pro and con arguments from both prosecutors and defense lawyers asked few questions.
Are these defendants entitled to bail? The answer is No. he earlier stated that the principle argument is that indictment didn’t substantially charge the defendants or persons who committed the crime of murder. Therefore, proof is not evidence and presumption is great.
Movants/ defendants cited several laws for which they relied on and key amongst them is Article 21(d) (I)of the 1986 constitution which states that All accused persons shall be bailable upon their personal recognizance or by sufficient sureties, depending upon the gravity of the charge, unless charged for capital offenses or grave offenses as deny by law.
The Criminal Court “A” Judge also questioned whether the indictment charged the crime of murder? The answer was in the affirmative because the indictment named those who allegedly committed the crime of murder.
He added that this proceeding is or arguing of motion is not place to prove who committed murder because the burden is on the prosecution to prove their case beyond every reasonable doubt.
“Why it is true that when indictment is presented to defendants that is proof is not evidence and presumption is great, all prosecution can do is to their case and therefore, the proper time will come for prosecution to prove their case beyond reasonable doubt on how those defendants committed murder.”
“If you are charged with grave offense, you are not entitled to bail,” he said.
In arguing the motion to admit to bail, one of defense lawyer, Cllr. Amara Sheriff cited Article 21(b), Article 20 and 13 of the 1986 constitution of Liberia.
Cllr. Sheriff argued that the failure of state prosecutors to provide evidence is tantamount to conviction. Therefore, the former Chief Justice should be out in line with Article 21(h) of the 1986 constitution of Liberia which states:
Person shall be held to answer for a capital or infamous crime except in cases of impeachment, cases arising in the Armed Forces and petty offenses, unless upon indictment by Grand Jury; and in all such cases, the accused shall have the right to a speedy, public and impartial trial by a jury of the vicinity, unless such person shall, with appropriate understanding, expressly waive the right to a jury trial. In all criminal cases, the accused shall have the right to be represented by counsel of his choice, to confront witnesses against him and to have compulsory process for obtaining witnesses in his favor. He shall not be compelled to furnish evidence against himself and he shall be presumed innocent until the contrary is proved beyond a reasonable doubt. No person shall be subject to double jeopardy.
Anyone who mistakenly believed that Capital offense is not bailable, is reading the laws outside down, Cllr. Sheriff added.
He said to every law, there is an exception.
Until prosecution can establish that proof is not evidence and presumption is great is for her to be granted bail, defense lawyer Sheriff argued.
The indictment came at the result of expatriate proceedings and co-defendant Gloria Scott being former Chief Justice, former Justice Minister, former Solicitor General and Senator amongst other positions held should be released on personal recognizance.
State prosecutors arguing its side of the motion also relied on Article 21(d)(I) of the 1986 constitution of Liberia and Chapter 13.1 of the Criminal procedure law.
Arguing on behalf of state prosecutors Cllr. Lafayette Gould Sr quoted Article 11(c) of the Liberian Constitution which says, all persons are equal before the law. So positions should not matter.
Cllr. Gould informed court that the positions of the former Chief Justice should not the center of this because it’s the life of a young Liberian girl they are discussing.
Another state prosecutor Cllr. Bobby Livingstone said, “should the law crumble or be twisted in her favor because she is a former Chief Justice?”
Cllr. Livingstone argued that the alleged murder case is not about who status is involved but rather a young Liberian girl who loss her life in cold blood and we as lawyers should not be based our argument on sentiments but the laws.
He prayed the court to deny, dismiss movant motion to admit to bail and grant onto respondents any reliefs that may deem equitable.
In defending herself, former Chief Justice Gloria Musu Scott argued that prosecution has already convicted them without being found guilty that why they are being treated as convicted Criminals.
Cllr. Scott indicated that state prosecutors are convinced that they committed murder without looking for the killer(s).
What standard has court set for writ of arrest and she quoted Article 21(e).
She added that writ of arrest is a powerful document because it takes away their constitutional rights, life, properties and other but their writ of arrest didn’t detail anything about which shouldn’t be taken serious by the court.
Justice Scott revealed that indictment alone cannot restrain her liberty and the court should not be used to violate the constitutional rights of others.
She prayed the Criminal Court “A” to grant her bail as she remains available to the public and her lawyers whenever the court needs her.