Defence
counsel E. Sanneh yesterday told the Banjul Magistrates’ Court before
Magistrate Omar Cham that the way the state was conducting the case involving
Cherno Barry and twenty-nine others amounted to nothing but “abuse of process”.
He
made this statement when the prosecuting officer, Inspector Sarja Sanyang,
applied for an adjournment.
When
the case was called, Inspector Sarja Sanyang announced his representation for
the IGP.
Defence
counsel E. Sanneh, L.S. Camara, Omar Njie, Yassin Senghore, Combeh Gaye and Mrs
Joiner represented the accused persons.
Police
prosecutor Sanyang said he was applying for an adjournment because the case
file had been sent to the AG Chambers for consent purpose, and that they had
not yet received the file.
He
craved the court’s indulgence to grant them an adjournment.
Defence
counsel E. Sanneh rose and said the accused persons faced two indictments, one
of section 113 and section 19 of the CPC, adding that they were objecting to
the application made by the prosecutor to adjourn the case.
He
stated that the state had filed an indictment before the court and, by mere
implication, that means the state had evidence to proceed with the matter.
Counsel
Sanneh added that the accused persons are senior civil servants, adding that it
was not a disputed fact that the accused persons had served the country, and
had served it well.
He
said it was the requirement under section 24 of the constitution that when the
state is prosecuting a case, it does so fairly, further stating that the case
had to be prosecuted with utmost speed and care.
He
argued that on 30 August 2016, the state filed an indictment against the
accused persons, adding that failure of the state to do so contravened section
24 of the constitution.
He
said they were asking the court for a short adjournment and urged the state to
proceed with the case.
Lawyer
Omar Njie rose and said that the last application made by the prosecutor was on
7 September 2016, and was to adjourn the case, and two issues were pointed out
by the prosecutor.
He
added that one was for an amendment of the charge sheet, and that it was full
of irregularities.
He
said in essence, there was a need for a fiat in order to proceed with the case.
He
further stated that the prosecutor applied for a short adjournment to
regularise these two matters, and to put their house in order.
Counsel
Njie adduced that without an objection by the defence, the case was adjourned
until yesterday.
He
said they were not aware of any amended charge sheet, adding that the
prosecution had two weeks to do so.
Counsel
Njie argued that more than enough time was given to the prosecution to
regularise the charge sheet.
He
urged the court to grant an adjournment to give the prosecution the last chance
to put their house in order, failure which they would apply for an appropriate
measure for the court to take.
Prosecutor
Sanyang then rose and said that speedy trial was in their interest, adding that
any time they get the fiat from the AG chambers and other documents before the
next adjournment, they would proceed with the case, and would also go back to
their office to make the necessary amendment.
The
case was adjourned until 10 October 2016.
