Cllr. Gloria Musu Scott and three of her family members, Getrude Newton, Rebecca Y. Wisner and Alice C. Johnson, who were arrested on Tuesday but released on Wednesday through a Writ of Habeas Corpus filed by their lawyers, have been rearrested and sent to Monrovia Central Prison (South Beach) for alleged murder, criminal conspiracy and false reports to law enforcement officers.
Cllr. Scott and her family members were re-arrested on Thursday, June 22, 2023 after the Monrovia City Court, through its Presiding Magistrate, L. Ben Barco, issued a writ of arrest on them for their alleged involvement in the gruesome murder of Charloe Musu in February 2023.
The writ of arrest issued on them stated, “You are hereby commanded to arrest the living bodies of Cllr. Gloria Musu-Scott, Getrude Newton, Rebecca Y. Wisner and Alice Johnson and forthwith 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 officers based upon the oath and complaint of the Republic of Liberia, by and through the Ministry of Justice…”
According to the writ of arrest, the alleged actions are in violation of sections 14.1, 10.4 &12.33 OF the New Penal Law of Liberia.
The writ explained that on the 22nd of February 2023 the defendants did there and then, by means of a sharp instrument believed to be a knife, collude, connive and conspire to stab victim Charloe Musu multiple times, resulting to her untimely death.
The writ further explained that 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 the account is false and misleading.
“This act of you defendants being criminal, illegal and un-Constitutional, 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 officers the defendants did do and commit,” the writ concluded.
After the writ was served to Cllr. Scott and the three family members, they were arrested and brought to the Monrovia City Court to be forwarded to the South Beach Prison.
However, a team of lawyers on behalf of the defendants interceded to secure a bail bond on their behalf in order that they may not be immediately sent to prison.
The defense team, which was represented by Cllr. Augustine T. Fayiah, Murphy Karneh, Kuku Dorbor, Atty, Facia Harris, Atty. Adolphus Wave, Cllr Jeral Appleton, Cllr. Jonathan Massaquoi, Amara M. Sheriff, Cllr. Peter Y. Kerkulah, Atty. Dickson Tamba, and was to be joined by Cllr. Nebaglee Warner and impeached Associate Justice, Kabineh Jan’neh, prayed the court for a bail bond to prevent the defendants from going to prison.
During the argument, the defendants’ counsel submitted that, as per law, when a criminal charge is being made against the defendant and where it shows that proof of evidence and presumption is not great, defendant is entitled to bail.
According to the defendants, this section is implied to all charges, citing chapter 13 subsection 3.1 paragraph one and two of the Criminal Procedure Law.
“Therefore and in view of the foregoing, we pray this court to grant us the bail bond, and the court should take judicial notice of the law and deny and dismiss the resistance,” the defense lawyers noted.
The prosecution, represented by Cllr Sumo Aquio, Cllr J. Aldophus Karnuah, Joma Karneh, etc., in resistance to the request made by the defense, prayed the court to deny the submission by the defense lawyers and send the defendants to jail, citing legal citation 13.1 and Article 21(b) (I) of the 1986 Constitution.
Section 13.1 of the Liberian Code of Law, titled “Right To Bill [Capital Offenses]”, states, “A person in custody for a 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 show 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 [illness of defendant] of this section.”
Based upon that, prosecution prayed the court to deny and dismiss the request for bail in the proceeding on ground that the crime of murder, including other crimes, for which the defendants have been brought before this court, are capital offenses.
Prosecution indicated that the Constitution made it clear for the court to deny and dismiss a bail bond by a defendant which according to the Penal Code is a capital offense.
“In this instance case, the accused are charged with murder, criminal conspiracy and providing false statements to law enforcement officers.
“The crime of murder is defined by law as capital offense and, as such, for you to grant a bail bond is in total violation,” the prosecution stated.
“Therefore, and in view of the foregoing facts and circumstances, counsel request your honor to deny dismiss and ignore the premature request by the defendants for bail bond in the absence of taking of evidence upon the request of preliminary examination by the defendant upon the request by the defendants,” they concluded.
After listening to the both arguments and law citation by the defense and the prosecution, the court in its wisdom denied the bail bond prayed for by the defendants, which is intended to prevent them from going to prison.
“The court has listened to the application of the defendants for a bail bond and reason thereof whereas it has equally considered the resistance from state prosecutors and reason thereof, as such the court has a full appreciation of this matter so as to make an informed determination of this matter.
“Wherefore and in view of the above argument, this court reserves ruling into the application made by the defense and the resistance made by the prosecution. Case resumes Friday, June 23, 2023 at 12:00 noon where the three magistrates will meet and come with ruling into the matter. Meanwhile, the defendants will be committed in prison until 12:00 noon tomorrow when determination will be made,” the court concluded.
Cllr. Scott and the other three defendants were then escorted to the Monrovia Central Prison by a group of LNP officers.