Monrovia — Former Chief Justice Gloria Musu Scott was released from police custody by Criminal Court 'C' on Wednesday after her legal team filed a Writ of Habeas Corpus.
Her release from police custody comes amid reports that she and three other members of her household have been charged with murder, criminal conspiracy, and making false statements to law enforcement officers.
Cllr. Scott had been under investigation since February for the death of Charloe Musu, her niece who lived with her until her death. The 30-year-old graduating student of Starz University was stabbed to death. Cllr. Scott had reported that her home was attacked by armed robbers on the fateful night Charloe was killed.
Cllr. Scott's residence has been under police protection since the incident.
On Tuesday, she and three other members of her household 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.
Cllr. Scott's legal team cited Article 21 of the Criminal Procedure Law, emphasizing that the Writ of Habeas Corpus should protect human rights. They argued that Cllr. Scott had been technically detained since February without being charged or brought to court within the 48-hour period as required by law. They believed the writ was necessary to secure her release.
Cllr. Jonathan Massaquoi, one of the lawyers representing Cllr. Scott, argued that the police and the Ministry of Justice failed to investigate and charge the former Chief Justice within the 48-hour statutory period, thus denying her rights and liberties.
Cllr. Massaquoi further argued that it was unfortunate that Cllr. Scott was imprisoned in the presence of her lawyers when she had never refused to come for investigation and had cooperated with investigators throughout.
State prosecutors, on the other hand, argued that the Writ of Habeas Corpus was premature, claiming that the Ministry of Justice did not violate Cllr. Scott's rights as claimed by her lawyers since the 48-hour period was still intact.
They noted that Cllr. Scott was never a suspect during all of her appearances at the Liberia National Police Headquarters but rather a person of interest until Tuesday. As such, they found it difficult to believe that Criminal Court 'C' Judge Blamo Dixon would grant the writ.
However, Judge Blamo Dixon, in granting the writ, stated that it was legally valid. He explained that the appropriate remedy when a citizen's liberty and rights are restrained is the Writ of Habeas Corpus. Judge Dixon clarified that the Constitution did not specify "after 48 hours" but "within 48 hours" for filing the petition. As the writ was filed within the specified period, it was not premature according to the law. He ordered Scott's release from the Liberia National Police holding cell.
He noted that Cllr. Scott had been under constructive detention since February 22, 2023.
Following the granting of the writ, Cllr. Scott and three others charged with murder were released. They were accompanied by private security and sympathizers who had come to witness the legal proceedings. However, there are reports that government lawyers plan to issue a Writ of Arrest to have them rearrested. FrontPageAfrica has not been able to verify this report.
Meanwhile, Assistant Solicitor General Lafayette Gould expressed dissatisfaction with the court's decision, stating 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. He clarified that Scott had not been placed in a cell with male inmates but was under investigation for murder, criminal conspiracy, and false reports.
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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. 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.
At the same time, 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 Cllr. Scott's house was heavily guarded with iron doors and bars, making it unlikely for intruders to gain access.
