Magistrate
Isatou Janneh-Njie of the Banjul Magistrates’ Court yesterday discharged Tina
Faal, who was charged with stealing and obtaining goods by false pretence.
This
development followed the application made by the defence counsel, Combeh Gaye,
to strike out the case.
In
her submission, she told the court that the prosecution had been served with a
hearing notice, and she understood that they were not in court.
She
further stated that the prosecutor was not also in court on 14 February 2017.
She
then applied to the court to strike out the charges against the accused person.
She
further submitted that the accused person had been always present in the court,
and was present on 14 February 2017.
Counsel
Gaye argued that the matter did not proceed, since around the 22 January 2017.
She
adduced that the prosecution had lost interest in the matter.
She
further said that in the interest of justice, she would urge the court to grant
her application to strike out the case.
Magistrate
Janneh-Njie, in her ruling, told the court the prosecutor was not present in
court on 14 February 2017, and the case was adjourned at his instance.
She
further stated that the prosecution could not file a case and go and sleep,
adding that justice delayed is justice denied.
She
said a hearing notice was served on the prosecutor and there was proof of
service, and yet the prosecutor was not present in court and no reason was
given for his absence.
She
further adduce that she would grant the application made by the defence
counsel.
As
a result, she struck out the case and discharged the accused person.
