trial of the Solicitor General of The Gambia, Cherno Marenah, and lawyer Bory
S. Touray, yesterday proceeded at the Banjul Magistrates’ Court, presided over
by Magistrate Isatou Janneh-Njie.
Marenah and Touray are facing four criminal charges: neglect of official duties, obtaining registration by false pretence, making documents without authority, and conspiracy to commit misdemeanour.
They are yet to take their pleas in court.
When the case was called yesterday, counsels Rachel Y. Mendy and Yassin Senghor appeared for the accused persons whilst the claimant, Lamin Trawally, was also present.
Mr Marenah, the 2nd accused person was present whilst the 1st accused person, Touray, came late prompting the court to stand down for minutes before trial resumed.
Counsel R.Y. Mendy applied to the court to strike out the application that was filed by the first accused person, lawyer Touray, and also made a written application that the case should be struck out.
In her application, Counsel Mendy applied for the court to strike out the case because the charges were not initiated under due process of law.
In addition, she applied for the matter to be struck out because the matter was frivolous, vexation and an abuse of court process and also the counts before the court are incompetent.
In response, the complainant, Lamin Trawally, told the court that since the inception of the trial, he has always been in attendance whilst the accused persons hampered trial on two occasions.
He argued that as per the constitution, speedy trial was provided for under Section 24 and the accused persons should not used their positions to delay the trial.
Lawyers Touray and Marenah are facing charges in relation to an alleged registration of a deed of gift at the Registrar General’s Office at the Ministry of Justice sometimes in 2012.
On count 1, Touray is accused of obtaining registration by false pretence contrary to section 295 of the Criminal Code. The particulars of offence alleged that Touray, sometimes in the month of December 2012, at the Registrar General’s office, Ministry of Justice, wilfully procured the registration of a deed of gift in the names of Lamin Trawally knowing or having reasons to believe the registrations were false.
On count 2, Lawyer Bory is charged with making documents without authority contrary section 332 (a) of the Criminal Code. The particulars of offence are that Touray, in the month of December 2012, at the Registrar General’s office, Ministry of Justice, was alleged to have made five deeds of gift without lawful authority.
On count 3, the second accused person, Mr Marenah, is charged with neglect of official duties contrary to section 113 of the Criminal Code and the particulars of offence read that lawyer Cherno Marenah, in the month of December 2012, at the Registrar General’s office, Ministry of Justice, was alleged to have wilfully neglected to perform a duty imposed to him by law under Section 10 Chapter 57;01 of the Land Registration of Deeds Act for acknowledgement of the registration of deeds presented to him by Lawyer Bory S. Touray.
On count 4, the two accused persons are charged with conspiracy to commit misdemeanour contrary to section 369 of the Criminal Code and the particulars of offence are that Bory S. Touray and Cherno Marena, are alleged to have conspired amongst themselves to wit: registered the following deeds of gifts (1) S.R. No. 375/2012. Ref. 31PD, (2) S.R. NO. 671/2012. REF. 75PD, (3) S.R. NO. 356/2012. REF. 31PD, (4) S.R. NO. 355/2012. REF. 31PD and (5) S.R. NO. 354/2012. REF. 31PD in the names of Lamin Trawally without his consent, knowledge and authority.