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| toubab1020 |
Posted - 01 Nov 2018 : 13:51:59
I am very happy that the name of The Gambia has now changed to:
NEW GAMBIA 
I find it implausible that this name would have been published by The Point if it had not been so , this is one aspect of the wind of change blowing gently through the country at the moment.
Hopefully in the near future when financial circumstances become better established the Smiling Coast will be part of an Ideal World.
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Thursday, November 01, 2018
Justice Ebrima Jaiteh has declared that his court means business and Gambians are in the New Gambia.
Justice Jaiteh made this declaration in a murder trial involving the State and Francis Saine after the court observed that the State prosecutor; James Mendy failed to appear in court and no witness was produced.
The personal conduct of the State prosecutor prompted the presiding judge to ultimately foreclose the prosecution’s case.
Prior to closing the prosecution case, the court cited Section 6(1) of the High Court Practice Direction 2013, which states that no adjournment shall be entertained except in very compelling circumstances and in the exercise of the court’s discretion.
Justice Jaiteh further cited Section 24 (1) (b) of the 1997 Constitution which states that where proceedings are commenced for the determination or existence of any civil right or obligation, the case shall be afforded a fair hearing within reasonable time.
Justice Jaiteh disclosed that the failure of the prosecution to proceed is tantamount to delay in the proceedings in the trial.
Justice Jaiteh pointed out that in the instant case, there was no reason advanced before the court by the prosecution to warrant the granting of an adjournment.
Justice Jaiteh revealed that the court observed that the State prosecutor; James Mendy did not have the courtesy to write to the court and seek for an adjournment and as a result the court declared that it has no choice than to foreclose the case for the prosecution and called on the accused person; Francis Saine to open his defence and the matter was adjourned to the 6th November, 2018.
Author: Bruce Asemota
Source: Picture: Justice Ebrima Jaiteh
http://thepoint.gm/africa/gambia/article/justice-jaitehmy-court-means-business-in-new-gambia |
| 1 L A T E S T R E P L I E S (Newest First) |
| toubab1020 |
Posted - 14 Aug 2019 : 18:31:05
By Bruce Asemota
Justice Ebrima Jaiteh of the High Court in Banjul has acquitted and discharged one Francis Saine after the prosecution failed to prove the ingredients of murder charge against him.
Francis Saine, was charged with murder after he allegedly killed one Eli Ndene in 2015.
Francis Saine was arraigned before the High Court on 22 January 2018 and pleaded not guilty.
Justice Jaiteh disclosed that upon the close of the prosecution’s case, the defence raised a no case submission, which was overruled by the Court on 11 April 2019 and the accused was ordered to enter his defence.
Justice Jaiteh pointed out that Pw1 gave contradictory evidence before the court and the various testimonies by Pw1 were contradictory which created doubts in the mind of the court as to which statement is true or false.
Justice Jaiteh said the prosecution failed to establish credible, cogent and compelling evidence in support of an essential ingredient that the accused person Francis Saine caused the death of Eli Ndene.
“It would be worthless and will amount to an academic exercise in futility, if he tries to venture into the element of whether the death of Eli Ndene was caused with malice aforethought.”
https://standard.gm/court-frees-murder-suspect/ |
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