A magisterial court in Monrovia has denied former Chief Justice Gloria Musu Scott and her family members' request to be released on bail, saying it lacks original trial jurisdiction in a murder case.
In a ruling Friday, 23 June 2023, Monrovia City Court Magistrate L. Ben Barco also cited the defendants' failure to request a preliminary hearing to allow the court to hear the evidence that the State relies on.
Former Chief Justice Scott and her family members Rebecca Youdeh Wilson, Gertrude Newton, and Alice C. Johnson are charged with murder, criminal conspiracy, and [providing] false reports to law enforcement officials.
They were charged and sent to court Thursday, 22 June 2023 after several months of police investigation about the murder of Cllr. Scott's daughter Charloe Musu.
Magistrate Barco said where the defendants waive their rights to a preliminary hearing, the court's next available option is to have the matter venue before the appropriate forum that has trial jurisdiction in the case.
"Wherefore and in view of the foregoing facts, laws, and law analysis, this Court is inclined to rule denying the application of the Defense counsels, and the said application is hereby denied."
Magistrate Barco ordered the clerk of the magisterial court to transfer the matter immediately to Circuit Court in Montserrado County which has jurisdiction over the crime of murder.
"The only action this court can take in a matter brought before it over which another court has original trial jurisdiction is to conduct a preliminary hearing, particularly if requested by the defendants upon their appearance in court," he said.
"Hence, this Court has no trial jurisdiction over the crime of murder with which the defendants are charged," he continued.
Before the magistrate's ruling, the defense lawyers argued unsuccessfully for a bail bond to be granted to set their clients free.
The defense said when a criminal charge is made against defendants, and it is shown that proof is not evident and presumption is not great, the defendants are entitled to bail.
The defense argued that this legal maxim applies to all charges.
Prosecution lawyers resisted the defense's argument and requested the court to ignore and dismiss it.
Prosecutors told the court that the proceedings which include the crime of murder and other crimes, is a capital offense by law.
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Prosecutors noted that the Constitution empowers the court and the Magistrate to deny, ignore and dismiss the bail bond requested by the defendants.
"In this instant case, the accused are charged with the crimes of Murder, Criminal Conspiracy, and Providing False Reports to Law Enforcement Officers," the prosecution.
"Therefore, the crime of Murder is defined by law as a capital offense, and as such, Your Honors are prevented by the statute and the Constitution to grant bail bond," they argued.
Earlier on Thursday, the City Court committed Cllr. Scott and three of her family members to detention at the Monrovia Central Prison, also known as South Beach.
The defendants are accused of using a sharp instrument believed to be a knife to stab the late Charloe Musu.
Charloe's death in February this year shocked the country and heightened security fears.
She was murdered at Cllr. Scott's residence after the former Chief Justice reported to police authorities two separate incidents of alleged armed robbery attacks at her home in Brewerville.
