Liberia: Cllr. Scott Suffers Blows in Murder Case

Judge Roosevelt Willie of Criminal Court ‘A’ has denied the request for bail of former Chief Justice Gloria Musu Scott, who is facing a murder charge.

Willie noted that while Scott is a stateswoman, who has served in many capacities in the country,  the alleged crime does not qualify for bail.

“What [does] the law say? The law says all persons — and it does not distinguish as to who should be bailed when they commit grave or capital offenses.

"The motion to admit to bail is hereby denied and proof beyond all reasonable doubt as required by our law will be shown when this case is assigned where the prosecution will be ordered to prove beyond all reasonable doubt the guilt of the defendants,” Willie said. 

Scott, who is also a former Minister of Justice, is on trial with three other family members for allegedly murdering Charloe Musu on the night of February 22.

However, the defendants had denied the charges and had constantly claimed innocence. The defendants’ legal team, which comprises 30 high-profile lawyers, had argued that their clients pose no danger to society — a situation which qualified them for bail — even though murder is a first-degree felony and is non-bailable. 

They contended that their client should be considered innocent until proven guilty and that denying them bail would be a violation of their rights. Scott and one of the defendants, according to the lawyers, suffer from serious health problems, claiming that they required specialized medical care which could not be adequately provided in the notorious prison.

However, the government’s prosecution team mounted a strong case against granting Scott’s lawyers’ bail request. 

Citing the severity of the murder charge and the risk of violating the country’s constitution which makes first-degree felony a non-bailable offense, they argued that the former Chief Justice’s release would be an injustice to other indictees who are facing similar charges and cannot be released on bail.

Moreover, they highlighted the strength of the evidence against Scott, which they believed made her a flight risk.

Willie, while listening attentively to both sides and keeping a stern and unreadable expression throughout the proceedings, ruled that he was unconvinced by the defense lawyers’ arguments, noting that no law qualified a person accused of murder to be granted bail in certain circumstances.

Citing Article 21 (d) (I) of the Constitution, Willie argued that the law denied capital offenses or grave offenses bail option, as such, he would not go against the country’s constitution. 

The judge’s verdict resulted in mixed reactions. Supporters of the defendants who firmly believe in their innocence, were visibly disappointed. 

They had hoped that the defendants would be granted bail, especially the former Chief Justice, which they believe would have allowed mounting a strong defense against the charge.  On the other hand, the government’s legal team and its supporters have expressed relief and satisfaction with the judge’s ruling, claiming that no one, regardless of their position, should be exempt from the law. 

Scott and her co-accused indictment for murder, criminal conspiracy, and making false statements to law enforcement officers sent shockwaves through the nation, as the former became the first-ever sitting or former Chief Justice to face such charges.

The indictment stems from the murder of Charloe Musu, which occurred under “suspicious circumstances”. Charloe Musu happens to be a niece of the legal luminary.

Musu had been living with Scott former since a tender age and was a graduating senior at Starz University College.  She died in the night hours of February 22 in the home of Scott and after nearly five months of police investigation, the former Minister of Justice was arrested a month ago and subsequently indicted along with her co-defendants on the current charges for which they are being prosecuted. 

Scott, once a respected figure in the legal community, has seen her reputation tarnished since the murder indictment was handed down.  Taking the defense yesterday, Scott argued that she and the other defendants were entitled to bail, according to Article 21 (f) of the country's constitution.

The article states that “Every person arrested or detained shall be formally charged and presented before a court of competent jurisdiction within forty-eight hours. Should the court determine the existence of a prima facie case against the accused, it shall issue a formal writ of arrest setting out the charge or charges and shall provide for a speedy trial. There shall be no preventive detention.”

However, Scott argued that the writ of arrest violates “that constitutional provision,” as the writ fails to clearly explain who committed the crime of murder. 

“The writ of arrest and the indictments are not in detail; it falls short of the constitution," the former Chief Justice argued.  "It didn't name the person who committed the crime of murder. This court cannot be used to violate the constitutional rights of innocent people,” she said. “We need to be granted bail because we have remained in the public since. They are not looking for the killer but they are looking for innocent people.”

Willie however disagreed and responded to Scott's argument in the negative.

“The answer is no because the indictment named those who committed the crime of Murder as Gloria Musu Scott, Gertrude Newton, Alice Johnson, and Rebecca Youdeh Wisner so the indictment named who committed murder,” the judge added.

According to Willie, yesterday's proceeding was not the place to prove who “actually committed the crime of murder or how it was committed because that burden is on the prosecution to prove during the trial.”

“While it is true that when the indictment has been presented to the defendants to prove it on the defendants, but, what all prosecution can do here is to debunk that statement and therefore the proper time will come for the prosecution to prove beyond all reasonable doubt how these defendants committed the crime of murder,” Willie explained.

The judge’s action, however, adds another layer of complexity to an already controversial case. While being held in custody, Scott, who among the defendants is the only lawyer, will face the arduous task of helping her defense from behind bars. 

This development will undoubtedly put a strain on her legal team as they navigate the logistical challenges of working with an incarcerated client.

Observers speculate that denial of bail signals the government’s determination to secure a conviction against Scott and the other defendants. With a case as high-profile as this, the pressure on all parties involved is immense. The judiciary itself is under scrutiny, with questions being raised about how criminal charges of this magnitude could be brought against one of their own.

Meanwhile, Willie during yesterday's proceedings gave the Ministry of Justice 24 hours ultimatum to provide all pieces of evidence to the defense counsel, which should have been yesterday.