By Jacqueline Dennis
The former Chief Justice of Liberia Gloria Musu Scott, and three of her relatives have been released by Criminal Court “C” on Wednesday June 21, 2023, at the Temple of Justice in Monrovia based on a petition of a writ of Habeas Corpus.
The Writ of Habeas Corpus was filed late evening on June 20, 2023, by Lawyers representing former Chief Justice Gloria and others at Criminal Court “C” before Judge Dixon.
During argument, Judge Dixon denied the prosecution (Respondent) five-count resistance to the Writ of Habeas Corpus and granted the petitioner 7-Count petition.
Judge Blamo Dixon in his ruling on the Writ of Habeas Corpus after the heated argument between both Prosecution and the petitioner Lawyers, he said “the petitioners are hereby order released from holding cell of the Liberia National Police and entrusted to the custody of their legal Counselor Augustine Fayiah.
He further said petitioner shall not go back to the headquarters of the Liberia National Police from the court.
Judge Dixon said “officers assigned to the residence of the petitioners are hereby ordered reduced if not withdrawn” he noted.
According to him, the Writ of Habeas Corpus will lie because the petitioner has been in constructive detention and protective custody pointing out that on February 22, 2023 up to including June 20, 2023, when they were invited at the headquarters of the Liberia National police were detained and they slept under detention.
He said the Law provides that when the liberty and right of the citizens of the Republic of Liberia is restrained, the right law is the writ of Habeas Corpus.
He said the Constitution of Liberia did not say after 48 hours, but rather the constitutional said within the period of 48 hours and with that the petitioner filed the Writ of Habeas Corpus.
The petitioners are represented by Cllr. Richard J. Scott, Jr., Cllr. Augustine C. Fayiah, Cllr. Kuku Dorbor, Cllr. Jonathan Massaquoi, Cllr. Murphy Kanneh, Cllr. Aloysius Toe, Atty. Bouwolo Taylor Kelly and Atty. N. Dixon R. Tamba as Counsels, while the Ministry of Justice was also represented by Cllr. Sumo C. Kuku, Cllr. Aloysius F. K. Allison, Cllr. Lafayette B Gould, Sr., Cllr. J. Adolphus Karnuah, II. Cllr. Bobby F.W. Livingstone, Cllr. Aaron Kpaklin, Cllr. Nyanti Tuan and Cllr. E. Boykai Harvey.
It can be recalled on Tuesday, June 20, 2023 the quartet were invited at the headquarters of the Liberia National Police (LNP) for a further investigation into the murder of the Charloe Musu, a daughter of the former Cllr. Scott.
But it seemed all the actions were not only centered at the LNP headquarters on Tuesday. The legal team of the former Chief Justice saw a loophole in the process and tried to capitalize on it.
At precisely 15:15 GMT, they filed a petition for a Writ of Habeas Corpus for the release of their clients.
In their seven-count petition to Criminal Court ‘C’ Judge Blamo Dixon, they said among other things, “That on February 22, 2023, during the early night hours, Petitioners’ home situated in Virginia was intruded by unknown persons who attacked petitioner and member of the household resulting to the deaths of Charloe Musu.
That following the incident, Co-Petitioner, Cllr. Gloria M. Musu-Scott reported the matter to the police on duty at Brewerville, but before this incident, two separate attacks were made at the Petitioners’ home, which were also reported to the Police.
That following the above-mentioned incidents, the police commenced an investigation with the petitioners since February 23, 2023 and petitioners have since been cooperating with the police investigation. And that during this investigation, the petitioners that reported the case were under pressure and treated as if they were the culprits. That on today, Tuesday, June 20, 2023, petitioners were by way of telephone called to appear and upon appearance, the petitioners were arrested and detained in the presence of their counsels without formal charge.”
According to Cllr. Scott’s legal team, this conduct on the part of the defendants is sufficient to trigger a Writ of Habeas Corpus. So, they were praying the court to produce the living bodies of Cllr. Scott, Ma Rebecca Youdeh Wisner, Gertrude Newton and Alice Johnson, who had been held without charge by the LNP.
However, early Tuesday evening the Government of Liberia announced that a special press briefing would be conducted today, Wednesday to update Liberians on the outcome of the investigation of the Charloe Musu murder incident.
So today between 11 am and 12 noon, former Chief Justice Scott and her three other relatives were escorted to the Criminal Court ‘C’ where it is expected hearing into the Habeas Corpus filed by her lawyers in the absence of being charged to yesterday will be heard.
Police Comments on Habeas Corpus Writ filed against LNP
Addressing journalists at the specially arranged Ministry of Information press briefing on Wednesday, June 21, 2023, upon an inquiry from journalists Deputy Police Inspector General for Crime Services, Prince Mulbah did admit that the Habeas Corpus Writ was filed against the LNP to produce the living bodies of the four suspects, but their lawyers will handle said matter with the court.
Deputy Inspector General Mulbah also said under the law there is a 48 period where the police can hold suspects as investigation goes on, so today their lawyer will address the Court’s order filed against the LNP.
Meanwhile, Police spokesperson speaking on OK FM 99.5 Afternoon Conversation disclosed that the LNP is working with prosecutor to press Murder, Criminals Conspiracy and False Statement against for the former Chief Justice and her three relatives.
Meanwhile, a Liberian legal luminary in the USA speaking on OK FM on Wednesday said it is going to be very difficult for the government to win the case against the former Chief Justice and her three relatives because they won’t be able to adduce probable cause.
It can be recalled the Government of Liberia lost a US$100 million case against three foreign nationals and a Liberian after the prosecution from the Ministry of Justice failed to provide probable cause. In the end the defendants were acquitted.
Background
It can be recalled the home of former Chief Justice of the Supreme Court of Liberia, Cllr. Gloria Musu Scott was allegedly attacked on three separate occasions by unknown assailant (s) for reasons that have never been established by the Liberia National Police (LNP) and other law enforcement agencies.
On the first and second attacks, Justice Scott alarmed and reported to the LNP and the Ministry of Justice that her home was attacked on two separate occasions, but no items were stolen. The police later admitted to the former Chief Justice’s assertion following public pressure and they had instituted an investigation before the third attack took place that led to the alleged murder of Justice Scott’s niece/daughter, Charloe Musu. There are reports that she was stabbed multiple times by the mystery attacker.
