May 29, 2014, 10:04 AM
Following his testimony before Principal Magistrate Joseph Ikpala of the Kanifing Magistrates' Court, the former Kanilai Group International's Managing Director got into the witness box, to be cross-examined by the Defense Counsel, Lawyer Gomez, in Modou Manga's case.
Under cross-examination, Mr. Musa Hussein told the court that he knew the accused and one Muhammed Mubarak, the first prosecution witness, as employees of KGI.
He adduced that the first prosecution witness, Muhammed Mubarak, was an Accountant, who was technically taking care of the stores. He stated that he did not see Mubarak's documents, but gathered that Mubarak is a Nigerian.
Still under cross-examination, he testified that he was also functioning as an employee of KGI at the time but was not in charge of the stores.
Cadet Inspector Mballow, at this juncture applied for an adjournment to enable him bring the third witness, prompting the Defense Counsel, Edu Gomez, to say that the Prosecutor's excuse for not bringing his third witness was untenable.
Lawyer Gomez argued that the case, according to the records, had been lingering on although he could not at that point in time blame anyone. He further stated that the case had been dragging and that everybody is protected by the constitution.
According to him, he was not opposed to an adjournment but said he would respectfully emphasise that the fundamental rights and freedom of the accused should not be overlooked.
In reply, Cadet Inspector Mballow argued that the court had accommodated the Defense for a long time, adding that the prosecution witness was available for cross-examination but the Defense Counsel failed to come to court.
Magistrate Ikpala then adjourned the case to 18th November 2009 for the third prosecution witness to testify.