Monrovia – Justice Minister Frank Musa Dean has run into trouble with Criminal Court “A” after his ministry failed to conduct a sentencing hearing based on the investigative report of the Defendants, including Cllr. Gloria Musu-Scott, Ma Rebecca Wisner, Gertrude Newton, and Alice Johnson. This delay is in violation of chapter 31, subsection 31.5 of the Criminal Procedure Law, which states, “When Mandatory.”
By: Victoria G Wesseh
The Court is prohibited from imposing a sentence on the defendants without first ordering the probation service of the ministry to conduct a pre-sentence investigation and consider a written report of such investigation when the defendant has been convicted of a crime punishable by more than one year’s imprisonment.
In compliance with this requirement for a sentencing report, on December 21, 2023, the Court, through the Clerk, Gabriel J. Smith, communicated with the Probation Office of the Ministry of Justice located on the compound of the Temple of Justice. Mr. Prince Tumbey received this communication on December 27, 2023, at 10:18 am.
The Probation Office was instructed in the communication to forward the investigative report of the Defendants to the Court by Thursday, January 4, 2024, at 9:00 am. However, as of 9:00 am on Thursday, January 4, 2024, the Court had not received the investigative report from the Ministry of Justice through its Probation Office. When questioned about the delay, the Director of the Probation Office, Mr. Prince Tumbey, explained that the Ministry of Justice had not provided funding for transportation to conduct the investigation in the field.
The Court deems this information as grounds for contempt and holds Minister of Justice Cllr. Musa Dean in contempt for his institution’s failure to comply with the communication, specifically the provision of the investigative report to the Court. The Minister of Justice, along with his Director of Probation responsible for this report, is ordered to appear before the Court on Friday, January 5, 2024, at 10:00 am.
Judge Roosevelt Z. Willie of Criminal Court “A” has scheduled the final ruling in these proceedings for a rescheduled date on Tuesday, January 9, 2024, at 9:30 am.
The Court further states that if the Ministry of Justice fails to provide the investigative report by the end of the day on Monday, January 8, 2024, at 4:00 pm, the Court will have no alternative but to take appropriate measures.
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