– As her incarceration continues
By: G Bennie Bravo Johnson I
The criminal court’s “A” judge, Roosevelt Willie, has again denied a motion to admit bail filed by lawyers representing Former Chief Justice Cllr. Gloria Musu Scott and three others.
This is the second time a motion to admit bail has been denied in court because of the crime of murder, which is a capital offense under the country’s criminal procedure law.
A motion to admit bail seeks to convince the court to grant the accused or defendant bail while the trial goes on. Defense lawyers are taking advantage of the constitutional doctrine that every accused person is presumed innocent until proven guilty. They are also basing their argument on the statutory provision of the law that allows the court or judge to grant bail in a capital charge or offense where the presumption is not evidence and the proof is not great.
Articles 21 d and I of the country’s organic law state that all accused shall be billable upon their recognizance or by sufficient sureties depending on the gravity of the crime unless crimes of capital offenses or grave offenses as defined by law.
Judge Willie said that Claus has a foundation, and that foundation is that if you are charged with a capital offense or a grave offense, you are not entitled to bail.
During Tuesday’s July 4, 2023, argument, the defense argued that the former chief justice is a former state woman, and as such, she should be granted bail because she has served in many capacities in the county. But the court maintained that the law says all persons, not particular persons, should be bailed when they commit grave or capital offenses.
Former Chief Justice Scott, taking the fool to argue on their behalf, informs the court that the writ from the Monrovia city court that had them arrested was never detailed as provided by law. She further argued that the writ should have had the attached indictment, which the state failed to do, and their rights were violated.
According to her, it is with the strongest conviction that she and her entire household are innocent of the alleged crime of murder as enshrined in the charge or indictment drawn by the grand jury of Montserrado County.
The defense lawyers continue to rely on Articles 21, A, 13, and 15 of the criminal procedure law of the country, which talk about the rights of all persons. The defense lawyers further revealed that the prosecution lacks every piece of evidence to prosecute the case, as proof is not evidence and presumption is not great.
Accordingly, Musu’s lawyers argue that if the judge places Cllr. Scott and others on bail, the court will be in no error, as such a motion once worked in favor of Hans Williams.
Debunking the defense claims about the Hans Williams case, the prosecution informs the court that during the case, the prosecution then took the judge on a writ of certiorari, and the matter was won by the prosecution, which kept Hans and others in prison.
In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of an English prerogative writ issued by a superior court to direct that the record of the lower court be sent to the superior court for review.
The prosecution resisted and said that the motion for bail was filed by the defense lawyers, denying consistency with Article 21 D, I, which states that unless the crime has been charged, it is grave or capital. Article 21 of the 1986 Constitution provides that one shall be presumed innocent until proven guilty by the state.
Article 21b also provides that “No person shall be subject to search or seizure of his person or property, whether on a criminal charge or for any other purpose, unless upon warrant lawfully issued upon probable cause supported by solemn oath or affirmation, specifically identifying the person or place to be searched and stating the object of the search; provided, however, that a search
or seizure shall be permissible without a search warrant where the arresting authorities act during the commission of a crime or in hot pursuit of a person who has committed a crime.
