By Grace Q. Bryant
The former Chief Justice Gloria Musu Scott and three others of her household spent the first night at the Monrovia Central Prison for allegedly murdering her daughter Charloe Musu in her Brewerville home.
The Magistrate of the Monrovia City Court, Ben Barco, followed the Writ of Arrest served on Cllr Scott and her family members who include Ma Rebecca Youdeh Wisner, Gertrude Newton and Alice Johnson, all charged with the crime of Murder, Criminal Conspiracy and False Reports to law enforcement officials which according to the court are all in violation with of section 14.1, 10.4 &12.33 of the New Penal Law of Liberia.
“You are hereby commanded to arrest the living bodies of the defendants to bring them before the Monrovia City Court, Temple of Justice Building, Montserrado County to answer to the charges of murder, Criminal Conspiracy and False Reports to Law Enforcement Officials based upon the oath and complain,” the writ contained.
According to the complaint, on February 22, 2023, the defendants by means of a sharp instrument believed to be a knife, collude, connive, and conspire to stab victim Charloe Musu multiple times thus resulting to her untimely death.
The defendants reported to the police that the death of the deceased was caused by the stabbing done by an unknown man who intruded into their house but police investigation established that said account is false and misleading.
According to the writ, “This act of you defendants being criminal, illegal and unconstitutional, and done with the intent and purpose to take away the life of another individual the crimes of Murder, Criminal Conspiracy and False reports to Law Enforcement Officials the Defendants did do and commit,”
However, Magistrate Ben Barco reserve ruling on the motion to bill following the arguments from both defense and prosecution.
The defense counsel filed a motion to bill and argued that the crime of murder is grave and to prove evidence is as such, the defendants should be made to bill.
Defense Counsels relied on Article 21 (h) of the 1986 Constitution of Liberia and chapter 13.1 of the criminal procedure law of Liberia.
Article 21 (h) states,” No person shall be held to answer for a capital or infamous crime except in cases of impeachment, cases arising in the Armed Forces and petty offenses, unless upon indictment by Grand Jury; and in all such cases, the accused shall have the right to a speedy, public and impartial trial by a jury of the vicinity, unless such person shall, with appropriate understanding, expressly waive the right to a jury trial. In all criminal cases, the accused shall have the right to be represented by counsel of his choice, to confront witnesses against him and to have compulsory process for obtaining witnesses in his favor. He shall not be compelled to furnish evidence against himself and he shall be presumed innocent until the contrary is proved beyond a reasonable doubt. No person shall be subject to double jeopardy,”
Chapter 13.1 Criminal Procedure Law of Liberia, “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 shown that the proof is not evident or the presumption 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,”
The state prosecution argued that the accused are charged with murder, criminal conspiracy and providing false information to law enforcement officers, noting that the crime murder is a capital offense as such the defendants should not be granted a bill.
According to state prosecutors, there hasn’t been any effort made to provide that the crimes were not committed.
They called on the Court to take judicial notice of the law 13.1 cited by the defense counsels, while requesting the court to deny, dismiss and ignore the premature bill filed by the defense counsels.
