Nov 11, 2008, 5:37 AM
The case involving Bakary B. Baldeh, West Coast Radio staff, Lamin Drammeh, Lamin Tamba, Almamy Jagne and Bakary Njie, all caddis at the Fajara Golf Club, failed to proceed on Thursday before Magistrate Tabally of the Kanifing Magistrates’ Court.
CPL 335 Nying, who was holding brief for the prosecuting officer, Inspector Mballow, told the court that she was instructed by her boss to proceed with the prosecution’s witness.
The prosecution’s witness was asked to get into the witness box, which he did.
At this juncture, Lawyer Pap Cheyasin Secka rose to say that he was drawing the court’s attention to the fact that on 13 March 2011, he made an application on behalf of the accused persons.
He stated that as a result of that application, count two of the charge sheet was struck out.
At this juncture, he referred the court to count one and read it out.
He further submitted that count one was an incorporate offence, adding that count one was part of count two.
He added that count one could not count, as the decision made by the magistrate on count two which was struck out.
He applied to the court to strike out count one as well because it was a repetition of count two.
CPL 335 Nying stood up and told the court that she could not reply on the application made by Lawyer Pap Cheyasin Secka.
The case was adjourned till 11 May 2011, for the prosecuting officer, Inspector Mballow, to reply on the application made by the defence counsel.
The accused persons were charged with conspiracy, incitement to violence and prohibition of conduct conducive to the breach of peace. They denied the charges.