As Liberia’s Former Chief Justice & Three Others Remain In Custody At The Monrovia Central Prison
FLASHBACK: Cllr. Gloria Musu Scott being led out of the Criminal Court on Capitol Hill
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia –State prosecutors, who have been opting to have the former Chief Justice Gloria Musu Scott and three of her family members’ murder case transfer to a nearby county, has again filed a notice for withdrawal for an unknown reasons under the aegies of the new County Attorney Alhaji Swaliho A. Sesay.
The Liberian government through the Ministry of Justice on August 2,2023 filed a motion for change of venue to transfer the murder trial of Ex-Liberia Chief Justice, Cllr. Gloria Musu Scott from the capital to a nearby county over fear of local prejudice.
The motion for change of venue or place was filed by state prosecutors on August 2,2023 over fear of local prejudice.
On today August 7,2023, state prosecution filed a withdrawal motion before Criminal Court “A” to withdraw their notice for Change of venue/place.
The withdrawal notice under the signature of Atty. Randolph D. M. O. Johnson one of prosecutors reads, May it please your Honor. The prosecution in the case IN RE Republic of Liberia by and thru the Ministry of Justice vs. Cllr. Gloria Musu Scott, Gertrude Newton, Rebecca Yonder Wisner and Alice Johnson most respectfully writes and submits a notice of withdrawal of a notice for change of venue or place in the aforementioned case of action reserving the right to refile if the need arises.
The prosecution further most respectfully request your honor to order the clerk of Court to spread the aforesaid notice of withdrawal on the records of court and submits.
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 on Wednesday, August 2, 2023, state prosecutors motion made a fourteen-count motion for change of venue reads:
AND NOW COMES MOVANT, THE REPUBLIC of Liberia through the MINISTRY OF JUSTICE /PLAINTIFF IN THE ENTITLED CAUSE OF ACTION, Praying Your Honor and this Honorable Court for a Change of Place/Venue of Prosecution in the form and manner, as showeth, to wit:
1.That, the within named Criminal Defendants, Cllr. Gloria Musu Scott, Gertrude Newton, Rebecca Youdeh Wisner and Alice Johnson; were arrested, investigated and charged by the Crime Services Department (CSD) of the Liberia National Police(LNP) for the commission of the crimes mentioned hereinabove;
2.That, consistent with Chapter 15, Sub-Section 15.5 of the Criminal Procedure Law of Liberia, the Special Grand Jury for Montserrado County, Republic of Liberia, upon their Oath, and after careful deliberation, found, established, and indicted the
within named Defendants for the commission of the aforesaid criminal offenses or crimes;
3.That, during the conduct of Crime Services Department (CSD) of the LNP’s preliminary investigation in the aforesaid cause of action, and between the intervening period commencing from February 23, 2023 up to and including June 19, 2023; the within named Defendants and other individuals were regularly invited at the LNP Headquarters and in the presence of their lawyers, as “persons of interest” to cooperate and assist the CSD of the LNP with the aforesaid investigation and that during the aforesaid period neither were they charged nor detained; said period / time their violation of their constitutional liberties as provided in Article 21(f) of the Liberian Constitution (1986), the within named Defendants filed a Petition for the Writ of Habeas Corpus on June 20, 2023, before the Resident/Presiding Judge of Criminal Court “C” for Montserrado County, His Honor A. Blamo Dixon and same was granted;
5.That, movant says, during the hearing of the writ of Habeas Corpus, by-standers in the courtyard and some sympathizers in the court were murmuring and throwing jibes at Prosecution’s lawyers.
6.That, before and during the hearing of the aforesaid Petition for the Writ of Habeas Corpus at the time and place hereinabove mentioned; and also before the arrival of the Defendants, for the first time, the entire courtroom was filled with spectators including supporters of the Respondents/Defendants, while others were in the courtyard discussing the merits of the case as said acts are legally unacceptable and counter- unproductive to the conduct of an impartial trial;
7.That, when the within named Defendants were expected to appear at the Monrovia City Magisterial Court at the Temple of Justice and at the Criminal Court “A” for Montserrado County, on June 21, 2023 and July 4, 2023, respectively; which preceded a Writ of Arrest from the said Magisterial Court that was served on the within named Defendants, a large crowd of people gathered at the Courts mentioned above to witness the aforesaid proceedings and they were repeatedly discussing the merits of the case which is totally against our practice and procedure;
- That, further to Count Six (6), Movant says and avers that when the within named Defendants were denied the right to bail at the Monrovia City Court on June 21, 2023, and when they were committed to jail for the first time at the Monrovia Central Prison, hundreds of unidentified people stormed the aforesaid prison in an unusual and or irregular manner, a situation which is not healthy or conducive for both the within named Defendants and other inmates, including staff/prison guards at the aforesaid prison facility;
9.That, during these Pre-trial intervening periods hereinabove mentioned, and the three (3) different times the within named Defendants appeared on the ground of the Temple of Justice, groups of people with mixed reactions, overwhelmed, singing, chanting slogans, dancing, etc. with the anxiety of desperation, were often seen in the Courtyard discussing the aforesaid case and at the same time awaiting the outcomes of the Proceedings, a situation which poses threat and uncertainty for all the parties in the aforesaid matter; Musu on the 22nd of February 2023,the case is being discussed widely, publicly
10.That, Movant says and avers that since the gruesome murder of Charloe and critically within Montserrado county to the extent that almost every media outlet, print or electronic has been discussing the merits of the case which is yet to be tried;
11.That, in consideration of the above facts and circumstances, there is a reason to believe that an impartial trial cannot be had within this jurisdiction (Montserrado County), where the aforesaid Prosecution is pending;
- That, Movant says and avers that, evidenced by conspicuous public sentiments, visa-vis the constant discussion of the aforesaid case on local Liberian radio stations; if the aforesaid case is heard within this jurisdiction, Montserrado County; there is the likelihood of local prejudice, public sentiments and insecurity inter alia, which could have an adverse effect on the trial proceedings;
13.That, for your Honor’s kind perusal, attached and marked as EXHIBITS M/1 to M/5,are front page headlines of the Charloe Musu’s pending murder case captioned in the Daily Observer, Front Page, New Dawn, and Inquirer Newspapers among others, which show scores of people in the courtyard between the intervening period: June 20-23,2023, and including July 4,2023, when the Respondents / Defendants appeared at Criminal Court “C”, Monrovia City Court and Criminal Court “A” respectively;
- That, Movant’s application and or Submission for Change of Place of Prosecution is in line with Chapter 5, Sub-Section 5.7(b) of the Criminal Procedure Law, and the Statutory Laws of the aforesaid Republic.
WHEREFORE AND IN VIEW OF THE FOREGOING FACTS CIRCUMSTANCES and legal citation stated supra, Movant most respectfully prays Your Honor and this Honorable Court to:
- Change the Place of Prosecution of the aforesaid case / trial for the reasons stated above;
- Have the aforesaid case/trial transferred to another jurisdiction outside of Montserrado County;
- Grant unto Movant all and every singular relief that equity and justice demand in these proceedings.