Sep 26, 2008, 5:55 AM
Banjul High Court yesterday struck out the ex parte motion filed by the state as the trial of the Carnegie Minerals company itself and the General Manger, Andrew Charles Northfield, continued.
According to Justice Naceesay Salla-Wadda, the matter is a criminal one for which the accused persons were jointly charged, adding that as such any decision on one might affect the other as well. She consequently struck out the motion unilaterally filed by the state as per the order of the Court and ordered the state to file Motion on Notice on or before 21st April and the defence to file their reply on or before 23rd April.
The Director of Public Prosecution, Emmanuel Fegbenle, earlier told the court that the application before the court had nothing to do with the 2nd accused as it was an ex parte motion. He said the counsel of the 2nd accused had no right to contest any paragraph of the application, adding that the only privilege the defence has is to bring an application to set aside the outcome of the application. DPP Fegbenle further stated that the summary rules are that the defence could only see the application, but not react to it.
The defence counsel of the 2nd accused, Lawyer Mene, vehemently objected to the state's ex parte motion, arguing that the defence's objection is, by order of the court, dated 8th April, 2008.
The case was thereafter adjourned to 23rd April 2008.