To Defense Lawyers, As Justice Yamie Gbeisay Declines To Issue Writ Of Certiorari
FLASHBACK: Former Chief Justice Scott being taken to prison last month
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- As former Chief Justice Gloria Musu Scott and three other family members spend nearly three weeks now at the Monrovia Central Prison, the Supreme Court Justice In-Chambers, Yamie Quiqui Gbeisay has ruled that state prosecutors are compelled to give their defense lawyers the evidence backing the charges of Murder, Criminal Conspiracy and false alarms.
Associate Justice Gbeisay today, Wednesday, June 12, 2023 declined to issue a Writ of Certiorari filed by Prosecution, compelling them to give all species of evidence, leading to the indictment of Former Chief Justice Scott.
On Thursday, June 22, 2023 she was sent to jail by the Monrovia City Court presided over by Magistrate Ben Barco, after she and the three others were charged in connection with the gruesome death of her daughter, Charloe Musu on February 22 this year.
The prosecution had requested the Chambers Justice to review Criminal Court “A” Judge Roosevelt Z. Willie’s decision to grant Defense Lawyers Motion for Discovery before the murder trial officially begins.
In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review.
The mandate reads: By directive of His Honor Yamie Quiqui Gbeisay, Sr. Associate Justice presidium in Chambers, you are hereby mandated to resume jurisdiction and proceed to enforce the ruling in the motion. The justice has therefore declined to issue the writ prayed for by the petitioner.
Justice Gbeisay’s refusal was based on a lack of merit in the Prosecution in the writ of Certiorari filed.
Judge Willie on July 4, 2023 granted the Defense Motion, mandating the Prosecution to produce all species of evidence that led to the Grand Jury Montserrado Indictment of the Former Chief Justice, for Murder, Criminal Conspiracy, and False Information to Law Enforcement Officer on July 5.
The Defense noted that they are yet to receive any evidence from the prosecution that led to the said indictment by the Grand Jury of Montserrado County.
The prosecution failed to adhere to the Judge’s mandate, which triggered the defense team to file a Bill of Information, notifying Judge Willie.
Criminal Court “A” Judge decided that the failure on the part of prosecutors to hand over these species of evidence both material and physical that the Grand Jury for Montserrado fibbed on to draw an indictment against Cllr. Scott will risk legal action.
Cllr. Scott’s lawyers insisted in their bill of information that from all indications, it is a glaring fact that the state prosecutors do not have the evidence or may not have used any evidence that led to the drawing of the indictment against Cllr. Scott and three others.
However, following the Defense Bill of information, State Prosecutors, on July 5, filled Writ of Certiorari before Chambers Justice Gbeisay to review Judge Willie’s decision to grant the Defense Motion of Discovery.
The prosecution noted that Judge Willie proceeded irregularly and strangely to order the Republic of Liberia to present all evidence materials to lawyers representing Cllr. Scott, far in advance of the commencement of the trial and should be stopped from proceeding in said manner.
According to state lawyers, the defendants were investigated, charged, arrested, and subsequently indicted by a Special Grand Jury of Montserrado at the close of the May Term of Court.
“They were indicted for the commission of the crime of murder, criminal conspiracy, and false report to Law Enforcement Officers and were arrested and are in detention, at the Monrovia Central Prison awaiting trial.
The prosecution also frowned at the Judge’s decision to grant the Motion for Discovery and inspection of Grand Jury Minutes, filed by the defense, requesting all species of evidence in the possession of the Ministry of Justice in connection to the case to be made available to the defense.
The prosecution has quoted Section 3.8 of the new Judiciary Law and Sections 4.7 and 17.2 of the criminal procedures of Liberia.
State Prosecutors notified the Supreme Court that the decision of Judge Willie to grant the defense team motion is irregular and strange and has no legal foundation, as such, it must be reversed.
But following a conference held with both prosecution and defense on Wednesday, July 12, the Chambers Justice declined to issue the Writ of Certiorari as requested by the Prosecution.
Justice Gbeisay noted that it has no merit.
The latest decision by the Supreme Court Chambers Justice means the government will be compelled to produce all species of evidence it used to indict Former Chief, Gloria Musu Scott and three others.