Momodou
Sabally, the erstwhile Director General of The Gambia Radio and Television
Services (GRTS), yesterday refused to take a plea before Justice E.O. Dada at
the High Court in Banjul.
Sabally
was indicted with 8 counts of a criminal charge and, when the matter came up,
the accused informed the court that he had secured the services of a legal
counsel who was engaged in another court.
The
court clerk proceeded to read the 1st count in the charge sheet which stated
economic crime, and the particulars of the offence disclosed that in the month
of May 2014 in Banjul, whilst serving as the Secretary General and Minister of
Presidential Affairs caused economic loss to Social Security and Housing Finance
Corporation (SSHFC) to the tune of D402,500.00 by unduly influencing the said
SSHFC to fund a programme titled ‘Youth Career Development Programme’ organised
by one Mariama Sillah.
Asked
about is his plea to the said count, Sabally replied that he did not intend to
take a plea, as the state had filed a nolle prosecui in the matter.
At
this point, presiding Judge Dada asked: did the state file a nolle prosecui? He
told the court that it was in 2015.
State
counsel A.M.Yusuf disclosed that a similar matter was before the court in 2015
and the state filed a nolle prosecui and the accused was discharged, but not
acquitted.
State
counsel Yusuf submitted that it is settled law that a matter, where a nolle
prosecui was filed, is not barred from subsequent prosecution.
He
urged the court to ask the accused to take his plea accordingly, noting that
the matter before the court was a fresh bill of indictment, which was filed
recently.
Justice
E.O. Dada then adjourned the matter for today at 9.30a.m for ruling (whether
Sabally is to take a plea or not).
