Absence of records of proceedings delays appeals

Tuesday, November 13, 2018

The records of proceedings of cases involving one Modou Lamin Jobarteh, Amadou Barry, Amadou Sarjo, Alagie Suwareh and Sering Abdou Khadir Gaye were not served to the Kanifing High Court by the registrar of the Kanifing Magistrates’ Court.

Modou Lamin Jobarteh was convicted by the Kanifing Magistrates’ Court on the 8th January 2018, and sentenced to two years imprisonment without a fine. Amadou Barry was convicted by the same court and sentenced to four years imprisonment on the 6th February, 2018, and was ordered to pay a compensation of D8, 000. The same court convicted and sentenced Amadou Sarjo to seven years imprisonment on the 17th October 2017, with a fine of D30, 000 and was ordered to pay a compensation of D72, 500. Alagie Suwareh was also convicted and sentenced to five years imprisonment on the 6th November, 2017, and Sering Abdou Khadir Gaye was convicted and sentenced to three years imprisonment on the 5th September, 2017, with a compensation of D50,000.

They were not happy about their convictions and appealed to the Kanifing High Court to quash the decision of the Kanifing Magistrates’ Court.

Since the records of proceedings were not served by the registrar of the Kanifing Magistrates’ Court to the Kanifing High Court to go ahead with the appeals, Justice Kuejubola, as a result, ordered that the registrar of the Kanifing Magistrates’ Court should complete the records of proceedings and serve the Kanifing High Court and the state counsel.

“If on the next adjourned date in January, 2019, the records are not available, I will apply Order 53, Rule 18 of the High Court,” Justice Kuejubola told the court.

The cases were subsequently adjourned to the 21st January 2019.

Author: Dawda Faye