Lawyers representing former Chief Justice, Gloria Musa Scott, and others, have filed a motion for change of venue before the Criminal Court “A” Judge, Roosevelt Willie.
According to their 15-count motion, the Criminal defendants, 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 consistent with Chapter 15, Sub-Section 15.5 of the Criminal Procedure Law of Liberia.
The motion furthered 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 up to and including June 19, the defendants and other individuals were regularly invited to 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 investigation, and that during that period, they were neither charged nor detained.
The motion further explained the defendants were expected to appear at the Monrovia City Magisterial Court and at the Criminal Court “A” for Montserrado County, on June 21, and July 4, which preceded a writ of arrest from the said Magisterial Court that was served on the defendants; a large crowd of people gathered at the courts mentioned above to witness the proceedings and they were repeatedly discussing the merits of the case, which is totally against our practice and procedure.
The motion emphasized that when the defendants were denied the right to bail at the Monrovia City Court on June 21, and when they were committed to jail for the first time at the Monrovia Central Prison, hundreds of unidentified people stormed the prison in an unusual and irregular manner, a situation which is not healthy or conducive for both the defendants and other inmates, including staff/prison guards at the prison facility.
“During these Pre-trial intervening periods hereinabove mentioned, and the three different times the defendants appeared on the ground of the Temple of Justice, groups of people with mixed reactions, overwhelmed, singing, chanting slogans, dancing, etc. with anxiety and desperation, were often seen in the courtyard discussing the 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 matter,” the lawyers noted.
The Lawyers maintained that since the gruesome murder of Charloe, every media outlet, print or electronic, has been discussing the merits of the case which is yet to be tried; there is a reason to believe that an impartial trial cannot be had within this jurisdiction (Montserrado County), where the prosecution is pending.
The Lawyers further explained that, evidenced by conspicuous public sentiments, vis-à-vis the constant discussion of the case on local Liberian radio stations, if the case is heard within this jurisdiction, Montserrado County, there is the likelihood of local prejudice, public sentiments and insecurity, which could have adverse effects on the trial proceedings, adding that the lawyers’ 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 Republic.
