Sheriff
Kumba Jobe, the defence counsel in the case involving Babucarr Njie, a soldier
who was found with a pistol at the King Fahd Mosque in Banjul, on 13 July 2017,
said before Magistrate Janneh-Njie of the Banjul Magistrates’ Court that the
prosecution was “confused as to what to do”.
He
made this remark when Sub-Inspector Bojang applied for an adjournment, and
subsequently made another application under section 177 of the CPC to further
make some argument, instead of section 117.
But
Magistrate Janneh-Njie cautioned him that he had already made an application
for an adjournment.
When
the case was called, Sub-Inspector Bojang rose and said he was representing the
IGP.
Sheriff
Kumba Jobe announced his representation for the accused.
Sub-Inspector
Bojang told the court that the prosecution could not proceed with the case, because
the prosecution witness had travelled to the provinces.
He
said the witness’ wife gave birth, adding that he was yet to report to their
office.
He
informed the court that he called the witness and told him about the case but
he could not make it to the court. He subsequently applied for an adjournment.
In
response, Sheriff Kumba Jobe, told the court that this was the third time the
matter was suffering a setback at the instance of the prosecution.
He
argued that on 28 June 2017, the prosecution said the witness was sick without
producing a medical certificate.
He
said the case was then scheduled to come on 4 July 2017, but could not proceed
because there was an event at the High Court, and they took a date with the
clerk which was 6 July 2017.
He
posited that a day before 6 July 2017, the prosecution called him and said the
matter should be adjourned, adding that he made it known to the prosecutor that
circumstances compelled him to adjourn the case to 13 July 2017, only to come
and say the same witness had travelled to the provinces in observance of a
naming ceremony.
The
defence counsel adduced that it was on the same basis the prosecutor convinced
him to have the matter adjourned till 6 July 2017.
He
added that it was unacceptable for the prosecutor to come to court and givethe
same excuse.
Counsel
Jobe said he was opposing the adjournment application made by the prosecution.
He
argued that the accused has constitutional right to be accorded fair trial
within a reasonable time.
He
submitted that the court should bear in mind that the necessity to ensure
speedy trial is of paramount importance to a fair hearing.
He
posited that further adjournment would delay the matter, thus the consequence
was that it would deny the accused the right to be tried within a reasonable
time.
Counsel
Jobe adduced that the court could take judicial notice that the accused was
never absent in court, adding that the case was always adjourned at the
instance of the prosecution.
He
said further that the accused was always present, despite that he is serving
the Gambia Armed Forces and would abandon his work to come to court.
Counsel
Jobe adduced that granting the application made by the prosecution was entirely
the discretion of the court, adding that the exercise of the discretion must be
done judicially and judiciously.
He
argued that there was no circumstance before the court to grant the application
of the prosecution. He also urged the court not to grant the application.
At
this juncture, Sub-Inspector Bojang rose to make some argument, but he was
saved from missing the point by Superintendent Mballow who intervened and said
he was representing the IGP.
Superintendent
Mballow said they were withdrawing the application to adjourn the case, on the
grounds that the witness was out of the jurisdiction of the court.
He
added that it was the interest of justice to withdraw the application for an
adjournment. He said the witness was competent and had already testified.
He
urged the court to issue a subpoena for the witness to appear in court to be
cross-examined.
Magistrate
Janneh-Njie ruled that if the witness failed to appear in court on the next
adjourned date, a bench warrant would be issued for his arrest.
The
case was adjourned until 18 July 2017.
