.... "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," the Ministry of Justice said in the petition for a writ of certiorari.
The Ministry of Justice is facing allegations of being unwilling to hand over crucial evidence in the murder case involving former Chief Justice Gloria Musu Scott and three other defendants.
The case revolves around the death of Charloe Musu, and the accused have been indicted on multiple charges, including murder.
However, the defense lawyers have requested the Ministry of Justice to produce the evidence on which the indictment was based.
On July 4, Judge Roosevelt Willie of Criminal Court 'A' ordered the Ministry to hand over all evidence that led to the indictment of Scott and the co-defendants before July 6.
The judge had warned that if the ministry failed to comply with the order, he would take appropriate action. The Judge's order was made in response to the defense's request for the evidence relied upon by the ministry to secure the indictment of the defendants.
However, just a day before the deadline for compliance, on July 5, the ministry decided to appeal the judge's order by filing a writ of certiorari at the Supreme Court. The writ seeks the highest court's review of Willie's decision.
The Ministry of Justice justified its actions by arguing that it is premature for the defense to request evidence at this stage when the trial has not yet begun.
They emphasized that the commencement of prosecution and trial are separate processes and should be treated differently in terms of discovery.
The ministry also claims that Willie is out of term, as his 42-day tenure at Criminal Court 'A' has expired, and that he is prohibited from ordering further 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. The ministry argues that they are acting in accordance with Sections 4.7 and 17.2 of the Criminal Procedure Law and that immediately after Willie's ruling, they inform the Court that they were going to file a writ of certiorari.
"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 of Justice argued in the writ.
Prior to the developments, the defendants legal team had filed a bill of information with Willie, reminding him of the Ministry of Justice refusal to hand over evidence as requested. They argued that the ministry may not have the evidence or may not have used any evidence to obtain the indictment and subsequent arrest warrant.
The defendants legal team further claimed that the intent of the indictment was to persecute rather than prosecute, insinuating that the Ministry of Justice was using the court and state instruments unjustly. They urged Willie to rescind his ruling and grant bail based on the lack of evidence.
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"Upon your order to the prosecutors to provide such evidence, they have failed and neglected to submit the evidence under your order," they said.
"We submit and say that from all indications, it is a glaring fact that the government does not have the evidence or may not have used any evidence that led to the drawing up of the indictment and subsequent Writ of arrest of the informant," the defendants lawyers argued. "Therefore, we request that you take the appropriate action, which in the mind of the Informant is to rescind your ruling and grant the informant's bail."
As it stands, Willie cannot take any decision regarding his order being allegedly violated by the MInistry of Justice, as he will have to wait for the ruling by the Justice in Chambers, Justice Yammie Quiqui Gbeisay.
