Justice
Kumba Sillah-Camara of the High Court in Banjul yesterday adjourned the
criminal trial involving the nine former officials of the defunct National
Intelligence Agency (NIA).
The
nine former NIA officials are Yankuba Badjie, Louise Richards L. Gomez, Saihou
Omar Jeng, Babucarr Sallah, Yusupha Jammeh, Haruna Susso, Tamba Mansary, Lamin
Darboe and Lamin Lang Sanyang.
They
are charged with multiple offences including conspiracy to commit felony,
assault causing serious bodily harm, murder and making false documents amongst
others.
The
prosecution, comprising lawyers from the Attorney General’s Chambers and led by
Deputy Director of Public Prosecution (DDPP), M.B. Abubacarr called two
witnesses who had earlier testified before the court and were cross-examined by
the defence.
The
prosecution was due to call the 3rd prosecution witness when the Attorney
General and Minister of Justice issued a flat to six private legal
practitioners to take over the case which resulted in the 1st accused/
applicant, Yankuba Badjie, raising an objection to the move.
During
yesterday’s sitting, defence counsel C.E. Mene informed the court that his
client has filed briefs in respect of the application.
He
further informed the court that the briefs were filed out of time due to some
circumstances, explaining that when the order for briefs was made, he was out
of the jurisdiction.
At
this juncture, lawyer Antouman A.B. Gaye rose and told the court that he was
given a paper inside the court.
He
argued that the 1st accused/applicant’s counsel has not complied with the court
order but rather he came to the court to make a verbal statement.
Antouman
Gaye further argued that he should make a proper application asking for an
extension of time to file his briefs.
Lawyer
C.E. Mene then informed the court that he was applying orally for the
application to be deemed really filed, noting that the briefs have been served
on all the counsels.
Lawyer
Gaye, however, informed the court that they were objecting to the oral
application, noting that the application was filed yesterday at about 11am and
that the mode of service was improper.
The
presiding judge then intervened and urged the prosecution team led by lawyer
Gaye to accept the service in order to save time and enable the court proceed
to the next level.
After
acceptance, lawyer Gaye submitted that no sufficient reason was advanced as to
why the briefs were served out of time.
Lawyer
Gaye recalled that the court made an order on 29 June 2017 and each side was
given 7 days, and on the last adjourned date, the 1st accused/ applicant was
represented by B. Secka who informed the court that C.E. Mene was out of
jurisdiction.
Lawyer
Gaye pointed out that lawyer Mene was duty bound to obey the court order and
submitted that all the adjournments have been at the instance of the defence,
particularly at the instance of the 1st accused/ applicant.
Lawyer
Gaye submitted that in similar fashion to the objection the 1st
accused/applicant raised to their representation, they are also objecting on
the grounds that the brief was not filed in good faith and urged the court not
to allow the brief, but rather dismiss it.
Lawyer
C.E. Mene responded that the application was subject to the discretion of the
court and he debunked the prosecution claims that the adjournments have been at
the instance of the defence, noting that the prosecution team have not been in
the case since the beginning.
The
presiding judge, in her ruling, stated that the court rules included the power
of the court to deal with jurisdiction, which must be handled with care.
She
then ordered that the 1st accused/applicant file his brief within 24 hours and
the respondent was given 10 days to file theirs.
Justice
Kumba Sillah-Camara called for the briefs to be effected on counsel to counsel
service.
The matter was then adjourned till 31 July
2017, for adoption of briefs.
