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toubab1020
12308 Posts |
 Posted - 10 Oct 2018 : 15:42:52
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MANY will be keeping a watch on the progress of this case and the ruling made by the court .IT APPEARS to me THAT SOME LAWYERS HAVE USED the LAW for their own ends and NOT in the administration of justice.
" that the matter has been in the court since 2015 " ABSOLUTELY UNBELIEVABLE !
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Wednesday, October 10, 2018
Justice Ebrima Jaiteh of the High Court in Banjul has called on State law officers to appear before the court on the 15th October, 2018 to prosecute the murder trial involving one Ebrima Saidykhan.
Justice Jaiteh made this declaration yesterday, 9th of October, 2018, during the murder trial of Ebrima Saidykhan which could not proceed as a result of the absence of the prosecuting counsel and the 4th prosecution witness who was supposed to testify before the court.
When the matter was called, the court disclosed that it made an order that hearing notice be served on the State to enable them appear and prosecute the case yesterday.
Defence Counsel A. Hammer informed the court that the matter has been in the court since 2015 and the liberty of the accused person was at stake, noting that justice delayed is justice denied.
Defence Counsel Hammer applied for the court to close the prosecution’s case if the State fails to appear with it witness on the next adjourned date.
Justice Jaiteh in his ruling declared that he agreed with the application of the defence counsel, noting that hence the State law office was served with a hearing notice and did not have the courtesy to write to the court seeking for an adjournment but choose to stay away from court for no reason.
Justice Jaiteh pointed out that the case has suffered several adjournments and the accused person has been in custody since 2015.
Justice Jaiteh stated that the Constitution in Section 24 provides that every person charged with an offence shall be tried within a reasonable time.
The presiding judge pointed out that the said trial has not been conducted within a reasonable time.
He stated that for the benefit of doubt and in the interest of justice he shall give the State one last time and if on the next adjourned date, the State refuse to appear with it witness, he shall entertain the defence’s application to close the prosecution’s case.
The matter was then adjourned to the 15th of October, 2018 for hearing of the fourth prosecution witness.
Author: Bruce Asemota
http://thepoint.gm/africa/gambia/article/court-charge-state-law-officers-to-prosecute-case
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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