In Connection To Charloe Musu’s Death, As Their Lawyers Failed To Secure Bail From The Court
By Garmah Never Lomo, garmahlomo@gmail.com
PHOTO: Cllr Gloria Scott (in purple dress) being led out of the courtroom by Police and court officers
TEMPLE OF JUSTICE, Monrovia- Amid a large crowd that converged on the Monrovia Central Prison, former Liberian Chief Justice Gloria Musu Scott guarded by tight security, has today, Thursday, June 22, 2023 been 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.
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.
On Wednesday, June 21, 2023, the Criminal Court “C” issued a Writ of Habeas Corpus upon the request of defense lawyers.
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. Court Releases Ex-Chief Justice Gloria Scott, But Police Press Criminal Charges Against Her, 3 Others – News Public Trust
But on Thursday, Magistrate Barco and two other Associate Magistrates have reserved ruling after the court listened to the application of the defendants for a bail bond and reason thereof.
Whereas, it has equally considered the resistance from state prosecutors and reason thereof.
The Monrovia City court magistrates added that it has a full appreciation of this matter so as to make an informed determination of this matter.
Wherefore and in view of, this Court will reserve ruling into the matter for Friday June 23,2033 at 12 noon where the three magistrates will meet and come with ruling into the matter
Meanwhile, the ruling said that the defendants will be committed in prison until 12 noon on Friday when determination will be made.
Defense lawyers MOTION FOR BAIL
AND NOW COME MOVANTS in the above-entitled MOTION praying that Your Honour and this
Honorable Court to grant Movants’ Motion and admit them to Bail under their prevailing, special, and
peculiar circumstances for the following factual and legal reasons as showeth to wit:
That one of the Movants /Defendants has lived in this country all through their lives have served the Republic and people in different categories.
They have never been arrested for any criminal offense and have no criminal records whatsoever
before now and are not at flight risk. Movants / Defendants also respectfully say that since they are not at flight risk, Movants / Defendants ought to be granted bail and not subjected to the punishment of incarceration before judicial determination of alleged wrongdoing.
The 1986 Constitution of Liberia instructs in Article 21 (d) (ii) ii. “Excessive bail shall
not be required, nor excessive fines imposed, nor excessive punishment inflicted.”
3. That even in the instant case, Movants / Defendants have been cooperating with the Police investigation and have made no attempt to leave this country and are in the same position to continue to present themselves to the Court for the purpose of these proceedings whenever needed.
By these, and in the contemplation, effect, impact, spirit, and intent of the law, our clients
are entitled to Bail, a fundamental right guaranteed by the organic law of the Land, the 1986 Constitution of Liberia espoused in Article 21 (d) (i)…d. i. 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 defined by law.
Further to Counts 1 and 2 hereinabove, Movants Defendants are qualified under the
contemplation of the Liberian Constitution (1986, as amended) and are consequently, entitled enjoy said right to be granted and admitted to bail based on “Personal Recognizance”.
Personal recognizance, according to Black’s Law Dictionary (9th Edition) “allows the release of a defendant in a criminal case in which the court takes the defendant’s word that he or she will appear for a scheduled matter or when told to appear.”
The organic law of the Land, (1986 Constitution of Liberia) under Article 21 (d) (i) thereof states that “All accused persons shall be bailable upon their personal recognizance or by sufficient sureties…” (Our Emphasis).
Further to Count 2 hereinabove, it is Movants’ / Defendants’ further submission that the constitutional expression and phrase “unless charged for capital offenses or grave offenses”could not have meant to preclude any judge from the exercise of sound discretion to grant bail even where an accused has been charged with a capital offense, as in the instant case, because our criminal justice system is erected on the foundation of “Presumption of innocence”.
Chapter
III. Article 21 (h) provides, in part, that “…In all criminal cases, the accused …shall be
presumed innocent…” (Emphasis Supplied).
i.
Further to Count One (1) hereinabove, Movants/Defendants say and insist that they are entitled to enjoy the right to pre-trial release on Bail as stipulated by the laws explicated herein above,
and hoary with age in this jurisdiction.
Movants submit that the right to pre-trial release is also fundamental and provided for by law without unnecessary hurdles. Movants say further that whereupon preliminary examination, the presumption of guilt is not strong or great and proof not evident, the Court shall, as a matter of fundamental right, grant and admit to bail without hindrance as provided for in Article 21 (d) (ii)
of the organic law of the land, same being the 1986 Constitution of Liberia.
See Article 21 (d)
(ii), which states in part that: “Excessive bail shall not be required, nor excessive fines imposed, nor excessive punishment inflicted”
That Movants/Defendants have been very cooperative in these proceedings beginning with the Police investigation up to and including now.
Under our criminal jurisprudence, where proof is not evident or the presumption not great, our Criminal Procedure Code directs that an accused is entitled to Bail unconditionally as a matter right in consonance with Article 21(d) and § 13.1 which essentially states that all crimes are bailable.
Movants submits that Section 13.1, of Title 2, Criminal Procedure Law of Liberia, is categorical. 13.1., on “Right to bail. 1. Capital offenses”, provides that: “A person in custody for the commission of a capital offense shall, before conviction, be entitled as of right to be admitted to bail unless the proof is evident or the presumption great that he is guilty of the offense.
On the hearing of an application for admission to bail made before indictment by a person in
custody for the commission of a capital offense, the burden of showing that the proof is evident or the presumption great that he is guilty of the offense is on the Republic.
After indictment for such an offense, the burden is on the defendant to show that the proof is not evident or the presumption is not great. After conviction for a capital offense, no person shall be continued at large on bail or be admitted to bail except in accordance with the provisions of paragraph 3 of this section. 2. Offenses less than capital.
Any person charged with the commission of an
offense not capital shall be entitled as of right to be admitted to bail, whether before conviction or pending appeal, and any person charged with the commission of a capital offense who has been convicted of a lesser offense shall be entitled as of right to be admitted to bail pending an appeal.
Movants say that in addition to the legal bases enumerated herein above, they are medically unfit for detention because of illnesses that are medically proven.
Your Honour’s attention is accordingly, called the medical records of the Movants, attached and marked as Movants Exhibit 1 in Bulk (M/1 in Bulk) to form a cogent part of this Movant’s Motion.
Movants submits that in light of the legal; and factual circumstance enumerated herein above, their Motion for admission to bail would lie
Movants submit and say that they fall squarely within the expressed meaning, and intent of
Chapter III, Article 21 (d) (i) of the Liberian Constitution and considering their special
circumstances, inclusive of prolonged national public service, Movants most respectfully submit that they fit the contemplation of the framers of our laws, rational meaning and interpretation of Chapter III, Article 21 (d) (i) regarding “persons” who “shall be bailable upon their personal
recognizance”.
WHEREFORE AND IN VIEW OF THE FOREGOING PECULIAR FACTS AND LEGAL
CIRCUMSTANCES, Movants pray Your Honor and this Honorable Court:
To grant Movant’ Motion, and in so doing, order that the Movants be admitted to Bail; and
Grant unto Movants any other relief that Your Honor will deem just, and legal.
In arguing their side of the story, state prosecutors headed by Cllr. Adolphus Karnuah, prayed court to deny, dismiss and ignore the bogus and unmeritorious motion filed by the defense lawyers for reason being there hasn’t been preliminary examination hearing.
Cllr. Karnuah contended that the defendants should be denied because the crime murder is a capital offense which is not bailable under the law.
State prosecutor also relied on Article 21(I)
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 dened by law.
ii. Excessive bail shall not be required, nor excessive nes imposed, no excessive punishment.
Article 21 of the Liberian constitution Says 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 defined by law.
- Excessive bail shall not be required, nor excessive fines imposed, nor excessive punishment inflicted.
Prosecution said In the instance case, the accused are charged with murder, Criminal conspiracy and providing false statements to law enforcement officers.
Therefore, the crime of murder is defined by law as capital offense and as such for you to grant a bail bond is in total violation.
Prosecution prayed court to take cognizance of the law that is 13.1 of the Criminal procedure law as stated by the defense lawyers.
Cllr Sumo Aquoi and Cllr J. Aldophus Karnuah, Joma Karneh and all prosecuting attorneys of the Republic of Liberia.
The defendants, Former Chief Justice Gloria Musu Scott and three of her family members were represented by Cllr. Augustine T. Fayiah, Murphy Karneh, Kuku Dorbor, Atty, Facia Harris, Atty. Adolphus Wave, Cllr Jeral Appleton, Cllr. Jonathan Massaquoi, Amara M. Sheriff, Cllr. Peter Y. Kerkulah, Atty. Dickson Tamba, to be joined by Nebaglee Warner, Kabineh Jan’neh.