Liberia: Cllr. Scott’s Lawyers File Motion for Speedy Trial

Lawyers representing Cllr. Gloria Musu Scott and her family have filed a petition before Criminal Court ‘A’ seeking to advance their case on the trial docket. 

The move comes as a significant development in the legal proceedings involving Scott and her family, who have been charged in a high-profile murder case. 

“[Defandants] submit that this request is consistent with our laws, practice, and procedure controlling in this jurisdiction, and therefore, granting same is proper to ensure due process clause of our law that calls for speedy trial and an impartial hearing,” the defense lawyers said. 

“Wherefore and in view of the foregoing, defendants pray your Honor and this Honorable Court as follows: Granting Movants/Defendants' Motion to Advance the Case on the Trial Docket; and Granting unto Movants/Defendants any other relief that will be fair, just and legal, as set forth above, and so pray and submit,” the petition request. 

Scott, a former Chief Justice and Minister of Justice charged along with three family members for the alleged murder of   Charloe Musu. The Ministry of Justice alleged that Scott, a former Chief Justice of the Supreme Court and a highly respected lawyer, conspired with her family members to carry out the heinous crime. 

The accused has however vehemently denied the charges, claiming that the deceased was killed in an alleged armed robber attack on the home of Scott in the night hours of February 22 in the Township of Brewerville.

The defendants' petition which was filed on July 14, it is guaranteed under the constitutional doctrine of the right to a speedy and fair trial. 

“[We] submit and say that they are the defendants indicted on June 23, by the State for the alleged commission of the crimes of Murder, Criminal Conspiracy, and Making False Statements to Law Enforcement Officers, following the issuance and arrest on a Magisterial Writ for the alleged commission of the above-referenced capital offense (Murder) and subsequently incarcerated by the Monrovia City Court.

“Further to count 1 above, Defendants say that before their incarceration  by the Monrovia City Court, they had been detained by the Liberia National Police (LNP) from June 20 to 21 when they were released from any further detention by Criminal Court 'C' upon petition by their lawyers for a Writ of Habeas corpus which was heard and granted on June 21.”

This motion, according to legal pundits, means that the defendants, through their lawyers, want a full trial before the court and jury to start without any further delay, following which a verdict (guilty or not guilty) would be handed down. The intent of this motion is to also compel the state to present all of its evidence in court if there is any.

This move also seeks to legally thwart any and all attempts by the government to keep the suspects in jail with no desire or reason to go to trial, since, in the minds of the defendants, it appears that the evidence, either does not exist or not sufficient to be proceeded with before court to convict the accused.

It can be recalled that upon the arrest and incarceration of Scott and three members of her family, their lawyers filed two motions before Criminal Court 'A' (Motion for Discovery and Motion to Admit to Bail).

The Motion for Discovery seeks to allow Justice Scott's lawyers to gain access to and review or examine all the pieces of material evidence or reliance on which the charges and indictment were drawn. 

It also seeks to allow them access to the coroner's examination report, autopsy report, the minutes of the grand jury's meetings, deliberations and conclusions upon which the indictment was drawn, and also the weapon or instrument used to commit the alleged murder. 

This is by law and practice and enables defense lawyers to prepare their defense for their clients.

The Motion to Admit to Bail seeks to convince the court to grant the accused/defendants bail while the trial goes on. Defense lawyers were taking advantage of the constitutional doctrine that every accused person is presumed innocent until proven guilty.

They also based their argument on the statutory provision of the law that allows the court/judge to grant bail in a capital charge/offense where the presumption is not evidence and proof is not great. The judge can also use description to grant bail on Personal Reconnaissance, meaning when the suspect is a prominent person with no fear of flight risk (can't run away).

Judge Roosevelt Willie, in his ruling on July 4,, denied the Motion for Bail but granted the Motion for Discovery, meaning the state must provide Scott's lawyers with all their evidence.

But instead, the state lawyers refused and ran to the Supreme Court, seeking to overturn Willie's mandate, but on July 12, Justice-In-Chambers, His Yarmie Gbeisay heard the state's petition and in his ruling, denied it and order the lower court (Criminal Court 'A') to resume jurisdiction over the case, which means the prosecution/state is compelled to surrender all of what they have as evidence against Scott and the others.