In Charloe Musu’s Murder Case, Justice in Chambers rejects Prosecution’s Request … supports Production of Evidence

The Justice-In- Chambers at the Supreme Court of Liberia, Yamie Q. Gbeisay,  has declined to issue the Writ of Certiorari in overturning the  Criminal Court ‘A’ Court instruction for  the Prosecution  to submit their evidence in the case involving former Chief Justice of Liberia- Cllr. Gloria Musu Scott and three others. 

This comes after Judge Roosevelt Willie instructed the Government to submit all species of evidence in the case involving former Chief Justice of Liberia - Gloria Musu Scott, Gertrude Newton, Alice Johnson and Rebecca for the Crimes of Murder, Criminal Conspiracy and False Statements to Law Enforcement Officers.

 Based on that, on July 5, 2023, the Prosecution filed a Writ of  Certiorari to Justice in Chambers  Gbeisay to review his ruling. 

Writ of Certiorari is a special proceeding to review and correct the decision of officials, boards or agencies acting in judicial capacity or to review an intermediate order or interlocutory. 

On Wednesday, July 12, 2023,  the Associate Justice ruled that the matter filed before him  has no merit. The ruling is properly and within the context of the law. 

The Justice in Chamber then mandated Judge Willie to resume jurisdiction and enforce his ruling that the State should submit to the defense all pieces of evidence it intends to use during the trial. 

“By Directive of his Honor Yamie Q. Gbeisay, Associate Justice Presiding in Chambers, you are hereby mandated to resume jurisdiction and proceed to enforce the ruling on the motion. The Justice has, therefore, declined to issue the writ prayed for by the petitioner,” he ordered. 

In the prosecution petition, they  contented that Judge Willie’s  ruling on July 4, 2023 proceeded irregularity and strangely in ordering the prosecution to present all evidence materials  to defense counsels through a motion of discovery filed by defense counsels. 

Additionally, the case has not been assigned on the docket nor the defendants ( Cllr. Scott and others) arraigned and pleaded to the indictment.  The ruling is permissible be law and practice for the prosecution to provide evidence to the accused through discovery, those documents (evidence) are available to prosecution for the purpose of trial not to provide it to the  defense lawyers  when the trial has not begun.  

Furthermore, the prosecution  brought to Judge Willie attention that the commencement of prosecution and trial are two separate proceedings which must be treated differently, instructing to provide evidence when no certainty that the trial would commence immediately during the next Term of Court 

Prosecution prayed to the Honorable Supreme Court Justice- In- Chamber to issue the Writ of Certiorari and quash Judge Willie’s  ruling of irregular and strange conduct grating Defense Counsel motion of discovery, which, according to the prosecution is flawed and has no legal foundation. 

It can be recalled that on Tuesday, July 4, 2023, Judge Willie ordered the Ministry of Justice( Prosecution) with immediate effect to produce and present all their evidence in the Murder, Criminal Conspiracy and False Statements to Law Enforcement Officers Case involving Cllr. Scott, Gertrude Newton, Alice Johnson and Rebecca on Wednesday, July 5, 2023. 

Defense team heavily relied on Chapter 17, section 17.2 of the Criminal Procedure Law,  which makes  the case clear and unambiguous. The law provides that the State should produce all pieces of evidence and books it intends to use during the trial to the defense counsels. 

Ruling in the motion, Judge Willie asked as to whether or not the court or judge out of term of court can hear or not hear a motion? 
Judge Willie cited Judicial Law of Liberia Section 3.10, which says that the Circuit Court shall be open for judicial business at all times, adding that the admittance of evidence begins from the day or time of the indictment was drawn or the case begins to trial instead of the five days stated by the prosecution. 

The period before trial is the time between the day the indictment was served on the defendants and the day of commencement of the production of evidence. This period is what the law considers before trial. As in the case with the former chief Justice, she and others were served with the indictment. From the date of service of the indictment up to and including the date of the commencement of trial, the defense Counsels have the right to request for the evidence. 

The Judge mentioned that Subpoena duce’s tecum  is  part of the evidence discovery contrary to the claim by the Government of Liberia(GoL) (prosecution)  arguing that the defense counsels have  not subpoenaed  any document. Therefore, they have no legal authority to produce said.

However, the motion of discovery is hereby granted and hereby ordered to produce all and every materials evidence that they relied upon to prosecute Cllr. Scott and others working in line with the filing clerk of this court and is here by so ordered. 

Judge Willie said failure on their part to make the evidence available in such a high prolific case within the said time frame given, the court will take appropriate legal action. 

Meanwhile, Judge Willie after receiving the mandate from the Justice- In- Chamber Gbeisay, scheduled both parties to appear in court on Friday, July 14, 2023 to proceed with the matter.