David Fulton Discharged

David Fulton, a British national was on 16th June 2009, discharged by the Banjul Magistrates' Court presided over by Magistrate Lamin George for the offence of impersonation.

The alleged offence revealed that, the accused, David Fulton, some time in the year 2007 and 2008 in the city of Banjul and diverse places in The Gambia, falsely represented himself as a military officer by wearing a military uniform.

Cpl Manga told the court that the accused could not appear in court due to circumstances beyond their control and therefore applied for an adjournment.

In response, the Defence Counsel Lamin Camara told the court that he was objecting to any further adjournment of the case. He said there was a court order on the last adjourned date that the accused should be brought to court for hearing on the case.

According to Defence Counsel Camara, apart from the order, the accused had not been brought to court since 25 March 2009, and the case had been repeatedly adjourned at the instance of the prosecution for one reason or the other. He submitted that "it is a violation of the accused's fair hearing and speeding trial". He added that not a single witness had been called in this case since it was first mentioned. Lawyer Camara further applied under the (CPC) for the court to discharge the accused person in the interest of justice.

In his ruling, the presiding Magistrate Lamin George said "bearing in mind all what the defence stated in court and in accordance with the Criminal Procedure Code (CPC), I hereby discharge the accused person and the case struck out for want of diligent prosecution."

It could be recalled that David Fulton was convicted and sentenced by the same Banjul Magistrates' Court to three years in prison for the offence of forgery. He is currently serving the sentence.

Mr.David Fulton was said to be some time in the year 2007 and 2008 in the city of Banjul and diverse places in The Gambia, without authority and with intent to defraud or deceive, forged a Technical Assistance registration number plate GSC 1 TA, and thereby committed an offence. Mr. David Fulton was also alongside his wife Fiona Fulton, currently serving a one-year mandatory jail term for seditious publication. They were also in the same case fined D250, 000, in default to serve one year and six months in prison.