The
Banjul High Court presided over by Justice Amina Saho yesterday struck out the
bill of indictment against Momodou Sabally, and discharged him accordingly.
When
the matter was mentioned in court, counsel L.S. Camara represented the defendant, whilst the state
was unrepresented.
Addressing
the court, L.S. Camara said the charge was a repeated indictment, a photocopy
of the previous indictment which the accused person was tried on.
He
said the proceeding was withdrawn against the accused by way of “Nolle
prosecute”
He
added that the indictment was filed again against the accused person late last
year, and until to date the prosecution had not proceeded with the matter and
it was hanging on the accused person’s head.
“His
liberty is restricted as a result of this indictment. This situation is totally
unacceptable, as it is an infringement of the constitutional right of the
accused to a fair trial.”
In
the circumstances, Camara continued, he was compelled to add that the charges
and indictment be struck out in its “entirety” for lack of diligent
prosecution, and the accused be discharged until when the prosecution was
minded to come back.
In
her ruling, Justice Saho said every person has a right to the protection of the
law, and the right to be accorded a fair hearing within a reasonable time as
enshrined in section 24 (1)(b) of the constitution of the Republic of The
Gambia 1997.
She
said the matter had been adjourned for hearing on two occasions and, on the
first occasion, the state failed to proceed on the grounds that directives were
being sought.
They
were obliged and the matter was adjourned until yesterday for hearing, but the
state was unrepresented at yesterday’s hearing.
“The
justice of the matter demands that it be struck out for want of diligent
prosecution, and it is hereby struck out. The accused person, as a consequence,
is accordingly discharged,” she declared.
