ABEDNEGO DAVIS
Africa-Press – Liberia. The Supreme Court of Liberia will today begin hearing an appeal filed by the Ministry of Justice against a ruling by Judge Roosevelt Willie — which ordered the ministry to hand over all evidence to the defense team of Cllr. Gloria Musu Scott — who, along with three other family members, faces charges of murder and a host of other offenses.
The Ministry last week filed a writ of certiorari to the Court to contest the ruling of the Criminal Court ‘A’ judge, which would have forced them to hand over what is likely to be dozens of pieces of evidence, both oral and documentary, to the defendant’s legal team.
The case, which has garnered significant attention from both legal experts and the general public, revolves around the murder of Charloe Musu.
The Ministry of Justice alleged that Scott, a former Chief Justice of the Supreme Court and a highly respected lawyer, conspired with her family members to carry out the heinous crime.
The accused has however vehemently denied the charges, claiming that the deceased was killed in an alleged armed robber attack on the home of Scott in the night hours of February 22 in the Township of Brewerville.
The Ministry of Justice, which insists that the accused committed the crime, has been ordered by Willie to produce the evidence on which the defendants were indicted on.
However, the judge was rejected and a writ of certiorari to the Court, with the Ministry arguing that that it was premature for the defense to request evidence at this stage when the trial has not yet begun.
“This irregular and strange conduct of Judge Willie to grant the motion for discovery is flawed and has no legal foundation and must be reversed and it is so prayed. “[Ministry of Justice] petitioner prayed for the issuance of a writ of certiorari against Judge Roosevelt Z. Willie of Criminal Court ‘A’ who has processed irregularly and strangely in ordering the government to present all evidentiary materials to the lawyers representing Cllr. Scott and others far in advance of the commencement of the trial in the case and should be stopped from proceeding,” the Ministry argued.
It is against this backdrop that the Supreme Court will on July 12 begin a formal proceeding to determine whether Willie was in the wrong or not. Associate Justice Yamie Gbeisay, who is the current Justice-In-Chamber, is the one expected to hear the case and make a determination.
The Ministry of Justice had filed the writ after Willie had ordered that the indictment evidence be turned over to the Court and the defendants lawyers on before July 6, and warned that if the ministry failed to do so, he would take appropriate action.
Willie’s order was based upon the defendants’ legal team’s request for motion for discovery, which is intended to give them access to the evidence which the Ministry of Justice relied on to indict the defendants.
However, just a day before the judge’s order expired, the ministry went running to the Supreme Court asking for review of the decision.
The Ministry, in its appeal, claimed that the start of prosecution and trial are separate processes and should be treated differently in terms of discovery.
It added that Willie is out of term, as his 42-day tenure at Criminal Court ‘A’ has expired, and that he is prohibited from “ordering discovery” in a matter that is still making its way to the trial docket.
Citing Section 3.82 of the New Judiciary Law, the Ministry of Justice noted that discovery should be requested at the appropriate time and in accordance with clear legal authorities.
They believe that Willie’s decision to grant the motion for discovery was flawed and should be reversed.
Scott together with her co-accused Rebecca Youdeh, Gertrude Newton and Alice Johnson are indicted for murder, criminal conspiracy, and making false statements to law enforcement officers.
They are currently jailed at the Monrovia Central Prison, after their request for bail was denied by Willie.Their indictment stems from the alleged murder of Charloe, who happens to be a niece of the former Chief Justice. The deceased is said to have lived with the legal luminary from a tender age till her death in her 20s.
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