Principal Magistrate Taiwo Ade
Alagbe of the Banjul Magistrates’ Court yesterday gave an ultimatum to the
prosecution to bring their first witness to courtby the next the adjournment date, otherwise
the court would discharge the accused persons.
Pa Habibu Mbye, former crime management coordinator (CMC) of the National Drug Enforcement Agency (NDEA) and Alhagie Foday Barry, former director of intelligence and investigation at the NDEA, are standing trial charged with the offence of conspiracy to defraud, stealing and neglect of official duties.
When the case was called, the prosecuting officer, Sergeant Manga, told the court that the prosecution intended to call their first witness who was a police officer, but the witness said he was suffering from malaria.
“I called the witness and he informed me that he was suffering from Malaria,” the prosecutor told the court.
In response, defense counsel Ouzuma told the court that while he had listened to the prosecution’s submission, he would like to remind the court of its earlier ruling.
“The defence is urging the court to strike out the matter before it,” counsel applied.
Delivering his ruling, the trial magistrate stated that after he had listened to the submission of both sides, the court firmly agreed with the defence counsel that the prosecution was not taking due diligence in proceeding with the case.
He therefore urged the prosecution to bring his witness to the court by the next adjournment date, otherwise the court would discharge the accused persons.
The case was then adjourned till 10 October 2012, for hearing.
According to the particulars of offence on count one, the accused persons between 2010 and 2012 in Banjul and divers places within the jurisdiction of the court, with an apparent intent to deceive, jointly conspired to defraud one Robert Danquah, a prison inmate, of D230,000.
Count two stated that the accused persons, Foday Barry and Pa Habibu Mbye, between 2010 and 2012 in Banjul and diverse places within the jurisdiction of the court, jointly stole D230,000 from one Robert Danquah, an inmate at the State Central Prison Mile 2.
And count three stated that the accused persons, between 2010 and 2012, in Banjul and diverse places, within the jurisdiction of the court, neglected of their officials duties as directors at the NDEA, jointly defrauded one Robert Danquah, an inmate at Mile 2 Central Prisons of D230,000.
