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Augusta S. Lafalay / 26/Oct/2023 /

Charloe Musu’s Medical Report challenged

Following the murder trial of Charloe Musu, Judge Roosevelt Z. Willie at the Criminal Court ’A’ has subpoenaed the Liberia Medical and Dental Association (LMDA) to clarify the process of issuing Death Certificates in Liberia from hospital. 

This comes after Judge Willie granted prosecution request to subpoena ad testificandum the Medical Doctor - Dr. Guilavagui Mamady on Wednesday, October 25, 2023, Prosecution informed the court that the Medical Doctor who signed the death certificate was within the vicinity of the Temple of Justice. 

Prosecution said although Dr. Mamady was the one who signed, he did not attend to Charloe Musu when she was brought to the Redemption Hospital in New Kru Town rather his Physician Assistant. 

The state furthered requested court to grant the Physician Assistant to testify in open court as it relates to the medial records of Charloe Musu. 

Charloe Musu, who is a family member of former Chief Justice Gloria Musu Scott, was murdered on February 22 of this year at the night hours in the home of Cllr. Scott. 

Based upon that, the state filed a complaint to the court and later indicted Cllr. Scott, Rebecca Youdeh Wisner, Gertrude Newton and Alice Johnson for the crimes: Murder, Criminal Conspiracy and making false reports to law enforcement officers regarding Charloe Musu of which they are currently undergoing trial. 

Prosecution stated that Dr. Mamady signed Charloe death certificate as a result of the proceedings tha a physician Assistant cannot sign a death certificate. Also, Dr. Mamady cannot communicate in English fluently. Therefore, for him to attest or confirm about the death certificate is challenging. 
 
They prayed that the court sends a communication to the Ministry of Foreign Affairs to provide the court with an interpreter who is fluent in the French language for the said purpose.

In resistance, Defense said the request made by prosecution is in bad fate. They contented that  although Dr. Mamady did not attend to the deceased rather the physician assistant but the medical certificate of cause of death issued by the National Public Health Services, Redemption Hospital carried his attestation that he examined Charloe Musu. 

“I Dr. Guilavagui Mamady hereby certify that I have medically attended to the above deceased and that the particulars and the cause of death are true to the best of my knowledge and belief,” the Defense team read Dr. Mamady Attestation. 

The Defense emphasized that the death certificate shown that Dr. Mamady attended to the deceased which is intra- contradictory. That action by the prosecution and Doctor is clearly intended to mislead the trial jurors.

Additionally, it is a principal in Medical Practice that the Medical Doctor or a physician that attended to a person observing the function of the brain, the heartbeat will be the one to sign the cause of death of that person. Contracted to that principal, Dr. Mamady did not attend to the deceased but issued a certificate that he attended to the deceased cannot be the one to testify in court. 

More to that, the Physician Assistant cannot testify in said proceedings based on that fact that he (physician assistant) name is not on the list of witnesses provided to them by Prosecution. 

The Defense Counsel prayed that the Court should deny both the Medical Doctor and the Physician Assistant because the application made by the Prosecution and the content of the Death Certificate contradict each other. 

After listening to both said arguments, Judge Willie reserved ruling on the Medical Reports of Charloe Musu and Subpoena the authority of the LMDA to provide information on how the processes is as it relates to issuing of Death Certificate from the hospital wherein that deceased person was seen by a medical personnel that is not a Medical Doctor. 

Meanwhile, the LMDA is expected to appear in court on today, October 26 at about 10:30 A. M to clarify the contradiction in the Medical Report.
 

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