IPNEWS: Following their first major legal victory at the Supreme Court, with the denial of the government’s petition by the Justice in Chambers, lawyers presenting Justice Gloria Musu Scott and family, have filled another motion before Criminal Court ‘A’, to “advance the case on the trial docket,” under the constitutional doctrine of right to speedy and fair trial.

The motion, filed on Friday, July 14, 2023, reads, “And now come movants, in the above Cause of Action, most respectfully pray the Honorable Court and Your Honor to grant the Movants’ Motion to Advance the Case on the Trial Docket for speedy trial for the factual and legal reasons showeth the following to wit:”

1. The Movants submit and say that they are the Defendants indicted on June 23, 2023, by the State for the alleged commission of the crimes of Murder, Criminal Conspiracy and Making False Statements to Law Enforcement Officers, following the issuance and arrest on a Magisterial Writ for the alleged commission of the above referenced capital offense (Murder) and subsequently incarcerated by the Monrovia City Court.
2. Further to count 1 above, Movants/Defendants say that before their incarceration by the Monrovia City Court, they had been detained by the Liberia National Police (LNP) from June 20 to 21 when they were released from any further detention by Criminal Court ‘C’ upon petition by their lawyers for a Writ of Habeas corpus which was heard and granted on June 21, 2023.
3. Movants/Defendants move Your Honor and this Honorable Court to Advance the Case on the Trial Docket to ensure their right to speedy trial as a matter of law. Movants/Defendants evoke Article 21 (f) of the 1986 Constitution of Liberia, under Chapter 111, Fundamental Rights, Article 21, Right to Speedy Trial…f. Every person Arrested or Detained shall be formally charged and presented before a court of competent jurisdiction within forty-eight hours. Should the court determine the existence of prima facie case against the accused, it shall issue a formal writ of arrest setting out the charge or charges, and shall provide for a speedy trial. There shall be no preventive detention. 4. Movants submit that this request is consistent with our laws, practice and procedure controlling in this jurisdiction, and therefore, granting same is proper to ensure due process clause of our law that calls for speedy trial and an impartial hearing.

Wherefore and in view of the foregoing, Movants/Defendants pray Your Honor and this Honorable Court as follows:

1. Granting Movants/Defendants’ Motion to Advance the Case on the Trial Docket; and
2. Granting unto Movants/Defendants any other relief that will be fair, just and legal, as set forth above, and so pray and submit.”

This motion, according to legal pundits, means that the defendants, through their lawyers, want a full trial before the court and jury to start without any further delay, following which a verdict (guilty or not guilty) would be handed down. The intent of this motion is to also compel the state to present all of its evidence in court if there are any.

This move also seeks to legally thwart any and all attempts by the government to keep the suspects in jail with no desire or reason to go to trial, since, in the minds of the defendants, it appears that the evidence, either does not exist or not sufficient to be proceeded with before court to convict the accused.

It can be recalled that upon the arrest and incarceration of Justice Scott and three members of her family their lawyers filed two motions before Criminal Court ‘A’ (Motion for Discovery and Motion to admit to Bail).

The Motion for Discovery seeks to allow Justice Scott’s lawyers gain access to, and review or examine all the pieces of material evidence or reliance on which the charges and indictment were drawn. It also seeks to allow them access to coroner’s examination report, autopsy report, the minutes of the grand jury’s meetings, deliberations and conclusions upon which the indictment was drawn and also the weapon or instrument used to commit the alleged murder. This is by law and practice. It enables the defense lawyers to prepare their defense for their clients.

The Motion to Admit to Bail seeks to convince the court to grant the accused/defendants bail while the trial goes on. Defense lawyers were taking advantage of the constitutional doctrine that every accused person is presumed innocent until proven guilty. They also based their argument on the statutory provision of the law that allows the court/judge to grant bail in a capital charge/offense where presumption is not evidence and proof is not great. The judge can also use description to grant bail on Personal Reconnaissance, meaning when the suspect is a prominent person with no fear of flight risk (can’t run away).

Judge Roosevelt Willie, in his ruling on Tuesday, July 4, 2023, denied the Motion for Bail but granted the Motion for Discovery, meaning the state must provide Justice Scott’s lawyers with all their evidence.

But instead, the state lawyers refused and ran to the Supreme Court, seeking to overturn Judge Willie’s mandate, but on Wednesday, July 12, 2023, Justice -In-Chambers, His Honor Yarmie Q. Gbeisay heard the state’s petition and in his ruling, denied it and order the lower court (Criminal Court ‘A’) to resume jurisdiction over the case, which means the prosecution/state is compelled to surrender all of what they have as evidence against Justice Scott and the others.

But the latest motion filed by the defendants, through their lawyers shows that beyond the submission of all material evidence by the state, the defendants, through their legal team, are keen on advancing the case on the trial docket for speedy trial under the doctrine of due process, as provided for under Article 21 of the Liberian Constitution.