September 26, 2023

Justice Gbeisay rejects prosecution writ of certiorari


Capital Hill, Liberia -In the murder case involving former Chief Justice Gloria Musu Scott, Associate Justice in Chambers Yamie Quiqui Gbeisay has declined to grant the government’s attorneys’ writ of certiorari.

The Government of Liberia through the Ministry of Justice on July 6, 2023, filed a writ of certiorari before the Justice in Chambers, Justice Gbeisay, following Judge Willie’s decision mandating State Prosecution to present all evidence both physical and material evidence to lawyers representing the legal interest of ex-Chief Justice and three of her family members.

A writ of certiorari is a legal instrument issued by a higher court, typically an appellate court, to review and potentially overturn a decision made by a lower court. It serves as a mechanism for the higher court to exercise its discretionary power and select cases of significant legal importance or constitutional significance for further examination.

When a party seeks a writ of certiorari, they are essentially asking the higher court to grant them the opportunity for their case to be heard and for the lower court’s decision to be re-evaluated.

The writ of certiorari allows the higher court to make authoritative decisions on issues that demand more in-depth examination, ensuring consistency in the interpretation and application of the law. It is a crucial tool in the judicial system for preserving the fairness of the legal system and the coherence of its fundamental rules.

Their petition came a day after the deadline (July 5, 2023) given to them by Court ‘A’ Judge to produce all species of evidence they use to indict Cllr. Scott and three of her family members had expired.

On Tuesday, July 4, Judge Roosevelt Z. Willie ruled on a motion for discovery made by defense attorneys, ordering the State Prosecutors to give the defense team access to all the evidence used to indict the four defendants Cllr. Gloria Musu-Scott, Gertrude Newton, Alice Johnson, and Rebecca Youdeh Wisner so they can adequately defend them at trial.

Prosecutors, however, failed to present their evidence as was mandated by Judge Willie.

Meanwhile, Justice Gbeisay has ruled mandating the resident Judge of the criminal court “A” to resume jurisdiction and proceed with the matter.

Reported by: G. Watson Richards

Contact: +231880381808

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