Africa-Press – Liberia. The Monrovia City Court has denied former Chief Justice Gloria Musu Scott’s request for bail, just a day after she and three other family members were sent to jail at the notorious Monrovia Central Prison.
Stipendiary Magistrate Ben Barco’s decision came after he reserved a ruling on a criminal appearance bond filed by lawyers representing Scott and her co-accused to have them released on bail while awaiting trial.
According to Barco, the Monrovia City Court lacks “subject matter jurisdiction over” murder; as such, the bail request by
from the former Chief Justice and her co-accused lawyers is rejected.
“I ordered the clerk of this court to have the matter immediately transferred to the first judicial Circuit, Criminal Assizes ‘A’ of Montserrado County, for the appropriate action to be taken,” Barco added.
Scott and her co-accused are being held for the murder of Charloe Musu, who happens to be the niece of the former Chief Justice. The other charges are criminal conspiracy and making false statements to law enforcement officers.
Murder is a felony and a non-bailable offense, but in rare circumstances, bail is issued.
However, the former Chief Justice has denied ever committing such a crime and has consistently claimed that her home was attacked by unknown assailants the night her niece was killed.
Cllr. Amara Sheriff, who is one of the lawyers representing Scott and the other accused, said yesterday that none of his clients have ever been arrested for “any criminal offense”; as such, they should be granted bail since they are “not a flight risk.”
“Since they are not flight risks, the defendants ought to be granted bail and not subjected to the punishment of incarceration before a judicial determination of alleged wrongdoing,” Sheriff said.
Sheriff also argued that the Constitution of Liberia, particularly Article 21 (d) (ii) which states that “Excessive bail shall not be required, nor excessive fines imposed, nor excessive punishment inflicted,” backs his claim.
In this case, Sheriff noted that the defendants have been cooperating with the Police investigation, have made no attempt to leave the country and “are in the same position to
continue to present themselves to the Court for the purpose of these proceedings whenever needed.”
“By these, and in the contemplation, effect, impact, spirit, and intent of the law, our clients are entitled to bail, a fundamental right guaranteed by the organic law of the Land, the 1986 Constitution of Liberia, espoused in Article 21 (d) (i),” Sheriff added.
“All accused persons shall be bailable upon their personal recognizance or by sufficient sureties, depending upon the gravity of the charge, unless charged for capital offenses or grave offenses as defined by law.”
According to Sheriff, the defendants are qualified under the contemplation of the Liberian Constitution (1986, as amended) and are consequently entitled to enjoy said right to be granted and admitted to bail based on “Personal Recognizance.”
However, Barco disagreed and said that the Court, does not have the authority to release suspects charged with murder, which is capital offense.
He maintained that only a court with appropriate jurisdiction can make “that decision.”
“Consistent with Chapter 7, Section 7.3 of the New Judiciary Law, as amended,, the jurisdiction of Magistratrial Courts in criminal proceedings only extends to first, second, and third degree misdemeanors and not to felonious offenses, “Barco said. “This court has no trial jurisdiction over the crime of murder with which the defendants are charged. ”
He added that that the only action the court can take in a matter brought “before it over which another court has original jurisdiction is to conduct,” is to conduct preliminary hearing if requested by the “defendants upon their appearance in court.”
“Where the defendants waive their rights to said hearing by failing to request same, the next available option to the court is to have the matter venue before the forum having trial jurisdiction over the offense or offenses charged.
“All courts are required to take cognizance of their jurisdiction especially subject matter jurisdiction, as the same is imposed by law and nothing else,” he said.
The prosecution had yesterday asked the court to deny the bail application on the grounds that murder is capital offense that is non- bailable.
Adolphus Karnuah, who is a prosecution lawyer, argued that since the defendants are charged with the crime of murder, which is a capital offense, “they cannot be released on bail.”
“This constitutional provision made it clear for you to deny, dismiss a bail bond by a defendant, which according to the penal code is a capital offense,” Karmuah argued. “The crime of murder is defined by law as a capital offense, and, as such, for you to grant a bail bond is in total violation.”
Meanwhile, the former chief justice and her co-defendants were not present during the Friday briefing proceedings.
Source: Liberian Observer
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