‘Police have no business to draft contractual agreement’

Wednesday, August 01, 2018

Lawyer Hawa Sisay-Sabally on the 31st of July, 2018, told the Kanifing Magistrates’ Court that the police have no business drafting contractual agreement.

She made this remark when the prosecuting officer, Oley Bobb, attempted to tender a document which was prepared by the police, and was objected to by the defence counsel, Hawa Sisay-Sabally.

Prosecutor Bobb told the court that she was tendering the said document for ID (identification purpose). She argued that the document was an agreement prepared by the police between the accused person, Pap Nyang, and the complainant, Oumie Jaye, for the accused to pay a certain sum of money in installment. She stated that the accused suggested the installment payment.

However, Counsel Sisay-Sabally rose and said that she was objecting to the tendering of the said document. She told the court that the document sought to be tendered was irrelevant and inadmissible, noting that the police have no business to draft a contractual agreement.

Prosecutor Bobb argued that the police have business to draft the document because it was involved in the case, and told the court to accept the document as ID.

Hawa Sisay-Sabally then rose and said that she was going to reply on points of law. She adduced that there is no provision under the Evidence Act that the document could be tendered as ID. “Let us learn. Read the Evidence Act,” she told Prosecutor Bobb.

This did not go down well with Prosecutor Bobb. She told the court that she was not there for lectures, adding that she was just applying to tender the document as ID.

Counsel Sisay-Sabally responded that she was not lecturing, and that was why she was not lecturing at the UTG and the Law School.

In his ruling, Magistrate Thomasi told the court that according to the Evidence Act , the document could not be tendered as  ID.

Pap Nyang, the accused, is alleged to have stolen D85,000 which was given to him to buy Passat motor vehicle but instead he fraudulently converted the said sum into his own use.

The case was adjourned until the 14th of August, 2018, for cross-examination by Counsel Hawa Sisay-Sabally.

Author: Dawda Faye