——- As Prosecutors Contend Release Cllr. Soctt, Three Others
IPNEWS: The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact (a judge or a jury).
Legal luminaries put the presumption of innocence as proof beyond a reasonable doubt. This is a cardinal principle of legal system of justice that every person accused of a crime is presumed to be innocent unless and until his or her guilt is established beyond a reasonable doubt. This presumption of innocence means that any defendant in a criminal trial is assumed to be innocent until they have been proven guilty. As such, a prosecutor is required to prove beyond a reasonable doubt that the person committed the crime if that person is to be convicted.
Unfortunately, investigators of the Liberian police have ruled out the possibility of intruders invading the home of former Chief Justice Gloria Musu Scott to commit a crime and flee which led to the untimely demise of Charloe Musu.
Police Assistant Commission for Crimes, Col. Prince Mulbah told the media at the Ministry of Information regular press briefing that security measures at indicted Cllr. Gloria Musu Scott’s residence was extensive, making it highly unlikely for an unknown person to infiltrate the home, commit a crime, and escape undetected.
Professor Ronald D. Rotunda Chapman University, Fowler School of Law puts it this way: “As a matter of legal routine, judges typically instruct jurors not to discuss a case with each other until the end of the trial. As a matter of fairness, judges prohibit jurors to start deliberating with themselves as to what the verdict should be until both sides have had the opportunity to present all of their evidence. If a juror starts explaining to (and trying to persuade) a fellow juror why he thinks one side should win, his explanations may start to appear like arguments and later, Juror Loquacious may be reluctant to back off, admit that he had been in error, and that he should change his mind when faced with other evidence.
Police Inspector for Crimes, Col. Prince Mulbah, providing details of the crime scene stated that the deceased’s body was found in Cllr. Gloria Musu Scott’s bathroom and was then taken to hospital.
Inspector Mulbah justifies that through a thorough investigation into the crime scene at Cllr. Scott’s home on 22 February 2023, the investigators presume that Cllr. Scott and occupants at the home were possible suspects from the beginning.
He assured the public that the police took all necessary measures to identify the perpetrators of the crime and were cautious not to speculate or wrongfully accuse innocent individuals.
Col. Prince Mulbah: It is better to release ten criminals based on the law or for the sake of forgiveness than to wrongfully detain one innocent person. Those indicted were all occupants of the house during the time of the incident.”
Mulbah stated that the LNP has no reason to falsely accuse anyone and that the police possess credible witnesses who will testify in court at the appropriate time.
In a PowerPoint presentation, Deputy Police Commissioner Anthony Blaye, Commissioner for crimes investigation and criminal intelligence, claimed two suspects, along with the victim, were seen during forensic investigation.
Even though Col. Blaye PowerPoint affirmed that Cllr. Scott’s residence was heavily protected, yet cast clouds minutes on Col. Prince Mulbah’s earlier statement that the deceased’s body was found in Cllr. Gloria Musu Scott’s bathroom and was then taken to hospital.
Blaye’s PowerPoint detailed how crime scene investigators thoroughly examined with an overwhelming conclusion that ‘it was impossible for intruders to enter the house’.
“When the alarm was raised, community members entered through the cracked window of the building to provide aid. None of the individuals who came to aid testified seeing an intruder. The community members conducted a room-by-room search and found only Cllr. Scott and the deceased, who was still alive at that time.” Col. Anthony Blaye, Commissioner for crimes investigation and criminal intelligence, stated.
In a related development, state prosecutors are contending Wednesday’s release of former Chief Justice Gloria Musu Scott, and three family members police custody, due to ‘high-profile and influence’.
It may be recalled, Former Chief Justice Cllr. Scott and three family members Rebecca Youdeh Wisner, Gertrude Newton, and Alice Johnson were charged on Tuesday, June 19, 2023, with ‘Murder, Criminal Conspiracy, and providing false testimonies to law Enforcement Officers’.
On Wednesday, 21 June 2023, presiding Judge A. Blamo Dixon, Criminal Court “C” in Monrovia ordered former Chief Justice Cllr. Gloria Scott and her three family members were released from the police holding cell and entrusted to Cllr. Augustine Fayiah’s custody.
Judge Dixon ruled after hearing a petition for a writ of ‘Habeas Corpus’ filed by Lawyers representing former Chief Justice Gloria Scott and three others.
Judge Blamo Dixon also ordered the reduction in the deployment of armed police officers at the court or their withdrawal from the facility and granted the release of Cllr. Scott and other accused family members following the denial of the prosecution’s resistance to the defense lawyers’ petition.
Minutes after the ruling by Judge Blamo Dixon, Government lead prosecutor, Cllr. Lafayette B. Gould stated that contrary to the judge’s decision that the defendants by release to their lawyer due to her being ‘high-profile and influence’, the decision was all because ‘Cllr. Scott is not an ordinary person in the society’.
Cllr. Gould contends that former Chief Justice Cllr. Gloria Scott was in jail. He stated that contrary to the presumption by the Judge Cllr. Scott was being investigated for murder, criminal conspiracy, and false reports to law enforcement officers.
He argued that Cllr. Scott and her family’s argument were far from the petition they filed with the court.
“Being investigated and charged [are] two different things. If it [were] an ordinary person today, they will not go home; Outside their petition, this court does not have jurisdiction or issues of police investigation.”
“The former Chief Justice and her three family members were detained and were being investigated for murder, criminal conspiracy, and false reports to law enforcement officers. We will conclude our investigation and the next action will be taken against Cllr. Scott and the others.”
“This matter is a matter [that is] still under investigation and we will come out with the appropriate action in the period specified by law. ” Cllr. Lafayette B. Gould.
On late Tuesday evening, 20 June 2023, Cllr. Scott’s lawyers filed a writ of Habeas Corpus with the Criminal Court “C” alleging that their client was unlawfully detained and arrested by the Government of Liberia.
In a seven-count petition, the defense prayed the court to grant the petition on grounds that it is in line with Article 21 Sections ‘E’ and ‘F’ of the 1986 Constitution of Liberia.
