Senior Magistrate Abdoulie Mbake of the Kanifing Magistrates' Court yesterday pronounced that unless the order he gave for the release of one Modou Maiga from Mile 2 Prison is executed he will not proceed with the case.
Magistrate Mbake made these remarks when Prosecutor Cadet Inspector Mballow informed the court that he had forwarded the order issued by the court for the release of the said Modou Maiga to the police headquarters and they are processing the order. He applied to the court to be given time for the processing of the order by his superiors at the police headquarters. Modou Maiga is standing trial for an alleged offence of stealing.
"Who is detaining the accused? Why the court order has not been obeyed," Magistrate Mbake asked.
He added that it was not fair for the continued detention of the accused at Mile 2 Prison when the court ordered for his release.
He maintained that he was presiding as a magistrate to do justice.
Subsequently, he adjourned the case until the 2nd July 2009, as he will be embarking on leave from the 1st June until the 1st of July 2009, and also wait for the authorities at the police headquarters to complete the processing of his order.
Lawyer Edu Gomez, defending the accused person stressed that the country is governed by the constitution and the law must be respected. He added that it was a complete mockery to continue detaining his client at Mile 2 Prison after the court ordered for his release.
Magistrate Mbake at the last adjourned date told the court that there is only one law in the country, positing that where the first magistrate set a bail condition, it should be adhered to the letter.
He noted that it was wrong to detain the accused arbitrarily.
He maintained that he would not revoke the bail condition by Magistrate Jawo (former) and added that the order of the court must be obeyed.
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