Nov 11, 2009, 2:06 PM
The trial involving ex-police chief Ensa Badjie and Tijan Badjie, officer commanding the police prosecution unit’s Banjul Division, yesterday suffered another setback before Principal Alagba of the Banjul Magistrates’ Court.
The two are standing trial on a four-count charge of conspiracy to defeat justice, destroying evidence, abuse of office and deceiving witness.
When the case was called, the Director of Public Prosecutions (DPP) S.H. Bakum, told the court the state was applying for an adjournment.
“I just confirmed from the prison authority that though the case is coming up today instead of yesterday, that was why the first accused, Ensa Badjie, was not in court,” he said.
The state wanted the court to issue an order for the accused person to be brought before the court, he added.
However, the trial magistrate insisted that the prison escorting officers were not doing their job diligently; otherwise they would have known the exact date when the case was to resume.
The magistrate added that the accused person was already convicted for another case, so that it should not be a problem for the prison management to bring him before the court.
Defence counsel Borry Touray told the court that the reason of the adjournment was not genuine at all.
“If the prison authority were duly informed at the right time, the accused person will be here in court,” counsel said.
Lawyer Touray further argued that the state had taken so long in the case, which was a clear manifestation that the state was not taking the case seriously.
He said the DPP did not give the court a reason as to why the witness was not in court.
“I therefore urged the court to close the case of the prosecution and for the defence to open their case”, he stated.
The case was then adjourned till 26 July 2012, for hearing.