ABEDNEGO DAVIS
Africa-Press – Liberia. Judge Blamo Dixon has said that the Ministry of Justice was in error in claiming that the writ of Habeas Corpus filed by former Chief Justice Gloria Musu Scott and three others “was premature”.
In his ruling, Dixon noted that the Ministry of Justice’s argument that it has 48 hours constitutionally to detain a suspect before announcing formal charges is a wrong interpretation of the Constitution.
According to Dixon, the Constitution did not say “after 48 hours” but “within 48 hours”; as such, the writ was filed within the specified period, not prematurely as claimed by the state.
Article 21(f) of the 1986 Constitution provides, among other things, that: “Every person arrested or detained shall be formally charged and presented before a court of competent jurisdiction within forty-eight hours.”
“The writ was legally valid, and the appropriate remedy under the law when a citizen’s liberty and rights are being restrained is Habeas Corpus,” Dixon ruled as he ordered the police and the Ministry of Justice to release Scott and her co-accused from detention.
The judge also noted that Scott, on the other hand, had been under constructive detention since February 22, which is a violation of the law.
Scott and her co-accused have been under investigation since February following the brutal murder of her niece, Charloe Musu. The former Chief Justice has constantly claimed that her home was attacked on the night her niece was killed.
Musu, a graduating Senior at Staz University, met her untimely death during the night hours of Feb. 22, when “the home of Scott came under an alleged attack.” That night was the third incident.
The previous two, according to Scott, were reported to the police and the Ministry of Justice — with the former admitting in a statement on Feb. 26 that after receiving reports of the first two attacks, they “started patrolling the area”.
The police at that time did not specify what it meant by “patrolling the area” and never posted an officer at Scott’s residence.
Scott had told the police in March that “I know for a fact that there was somebody in our sleeping quarters who should not have been there, and this person is the person that killed Charloe Musu.”
“She didn’t die by herself,” Scott continued. “I know that for a fact. When I encountered this person, I engaged their eyes, and I put pepper spray in their eyes because it was a question of life and death.”
But the police are disputing such claims and plan on leveling charges of murder, criminal conspiracy, and making false statements to law enforcement officers.
On Tuesday, Scott and three other members of her household who were present during the night of Charloe’s murder were detained by the police without being officially charged after honoring an invitation.
This prompted her lawyers to file a Writ of Habeas Corpus before Criminal Court ‘C’ at the Temple of Justice.
Habeas Corpus is a legal procedure used to bring detainees before a court to determine the lawfulness of their imprisonment or detention.
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Scott’s legal team had argued she and her co-accused have been “technically detained since February” without being charged “within the 48-hour period” as required by law. They believed the writ was necessary to secure her release.
Cllr. Jonathan Massaquoi argued that it was unfortunate that the police and the Ministry of Justice imprisoned his client in the presence of her lawyers when she had always been cooperating with investigators throughout.
However, the Ministry of Justice countered his argument, saying that the Habeas Corpus writ was prematurely filed and the Ministry of Justice did not violate Scott’s and others’ rights as claimed… “as the 48-hour period was still intact.”
The Ministry argued that the accused were never suspects during all their appearances at the police Headquarters but rather persons of interest until Tuesday; as such, they found it difficult to believe that Judge Blamo Dixon would grant the writ.
Responding to the Judge’s ruling, Cllr. Lafayette Gould said the state is disappointed that the writ was granted when the law clearly says “no one should be held beyond forty-eight hours, which had not been the case with the former the Former Chief Justice.”
Gould, an Assistant Solicitor General, said the state was disappointed that the writ was granted when the law was clearly on their side.
Gould argued that Scott would not have been released “if she were an ordinary person.”
He argued that her release was not in line with the petition filed and that the court lacked jurisdiction over the matter.
Gould emphasized that serving the country did not exempt someone from facing jail time if they committed crimes.
Gould asserted that Scott had not been charged but was being investigated, and the appropriate action would be taken based on the investigation’s outcome.
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He dismissed claims made by Scott’s lawyers regarding her imprisonment conditions and stated that she was being held in constructive detention with her lawyers signing for her.
Meanwhile, Col. Prince Mulbah, Deputy Inspector General of Police for Crimes Services, revealed that there was “no evidence of intruders at Scott’s house on the day of her foster daughter’s death.”
He stated that the police, with the assistance of credible partners, had conducted the investigation impartially.
The police disclosed that Scott’s house was heavily guarded with iron doors and bars, making it unlikely for intruders to gain access.
According to the government pathologist, Dr. Benedict Kolee, Musu died as a result of excessive bleeding, which was caused by multiple stabbings.
“She lost so much blood on the inside and outside after a piercing below her left rib, which cut one of the arteries that made blood flow in the chest, leading to the collapse of her left lung,” Kulee said in his autopsy report on the remains of the deceased.
Source: Liberian Observer
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