As Criminal Court “A” Denies Prosecution Motion For Change Of Venue
PHOTO: Former Chief Justice Gloria Scott (right) being escorted out of the Criminal Court today, Monday
By Garmah Neverl Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Appearing handcuffed at the Criminal Court “A” amidst heavy security presence, ex-chief Justice Gloria Musu Scott and three of her family members on Monday, on Monday August 28,2023 pleaded not guilty to the crime charged thereby joining issue with the state.
The Criminal Court “A”, which is presided over by its resident Judge Roosevelt Z. Willie Monday morning denied state prosecutors’ motion for change of venue filed on August 25,2023, two days to the commencement of the trial and case will now be heard in Montserrado County.
Crowd filled the courtroom and outside the court on the grounds of the Temple of Justice on Capitol Hill, where people had trooped to watch the legal proceedings of the country’s former Chief Justice, who is being tried for Murder and other crimes in connection to the death of her daughter, Charloe Musu back in February this year.
In June, the former Liberian Supreme Court Chief Justice were briefly released from 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. Court Releases Ex-Chief Justice Gloria Scott, But Police Press Criminal Charges Against Her, 3 Others – News Public Trust
Judge Willie asked a single question which led to ruling into the motion and said question was: should the prosecution’s motion for change of venue be granted?
He said No for reasons being that the Supreme Court interpreted the conditions relating to change of venue in 29LLR page 35, which says change of venue is a mandatory and not at the discretion of the judge and it is also not privileged.
In his ruling, the Criminal Court “A” Judge indicated that whether prosecution or defense must show evidence of how the publicity of this case alleged by prosecutors has injured them.
Judge Willie maintained that the Supreme Court interpretation of the statute 5.7 of the Criminal procedure law of Liberia cited by state prosecutors is the right of the defendants and not prosecution.
The Criminal Procedure law of Liberia Chapter 5.7 states:
5.7.Change of place of prosecution.
1.Grounds of motion.
On motion of the prosecuting attorney or the defendant, the court may order the proceedings in a criminal prosecution transferred to a competent court in another county in any of the following cases:
(a)If the county in which the prosecution is pending is not one of the counties specified in sections 5.1-5.6;
(b)If there is reason to believe that an impartial trial cannot be had in the county in which it is pending;
(c)If all the parties agree and if the convenience of material witnesses and the ends of justice will be promoted thereby.
In view thereof, the motion filed by prosecution for Change of venue is hereby denied and the case is ordered proceeded with.
In arguing their side of the case, one of state prosecutors, Cllr. Bobby Livingstone cited 5.7(b) of the Criminal procedure law of Liberia, saying that the change of venue filed by them is primarily based on the waves of publicity given to this case by both print and electronic media.
The Prosecution prayed court to grant their motion because during the Habeas Corpus hearing at Criminal Court “C” bystanders were heard telling them time is something which they think is not safe for them.
Cllr. Livingstone also argued that some legal practitioners include the former Solicitor General Cllr. Saymah Syrenius Cephus has been discussing this case and the public has already rendered judgement into the matter while it is yet to be tried.
Prospective jurors also have a lot of knowledge on the case if the case is tried in Montserrado County Cllr Livingstone added.
In their resistant, one of defense lawyers Cllr. Augustine Fayiah said that the prosecution’s second motion for change of venue is meant to delay and baffle the proceedings in order to violate Article 21(h) of the Liberian constitution which talks about right to speedy trial.
Cllr. Fayiah informed court that Freedom FM has been advertising this case in favor of the prosecution and he prayed the court to deny, demise and reject the state motion for change of venue.
Prior to the hearing for the motion for change of venue, one of defense lawyers Cllr. Jimmy Saah Bombo filed a motion for new investigation of the crime scene and medical/ forensic examination of the body.
But he said the motion was resisted by prosecution on grounds that hearing at the court this morning was meant for the hearing of the change of venue motion and not for another motion to be filed and called on court to deny, dismiss and reject the spineless and unmeritorious motion.
The court therefore denied the motion filed by defense lawyer Bombo for reasons that it was pre-matured.
Meanwhile, jury selection was ongoing, but it was pause to be continued on Tuesday August 29, 2023.