Jul 15, 2009, 10:05 AM
The Banjul High Court yesterday refused an application filed by the State for a stay of proceedings on the matter of an appeal they have filed at the Court of Appeal as hearing into the Carnegie Minerals case continued.
Delivering a ruling on the application, Justice Naceesay Salla-Wadda explained that her ruling was in respect of an application for a stay of proceedings filed by the state pending the outcome of their appeal at the Court of Appeal. She said the prosecution argued at length in support of their application, while the defence also argued at length in support of their defence.
Justice Naceesay Salla-Wadda further made reference to the condition which she said had to be met before an application for a stay of proceedings is granted. She stated that the state's application did not show to the court how the proceedings on the case would affect their appeal. She consequently refused the application.
It could be recalled that the court had earlier struck out the ex parte motion filed by the state, which necessitated the appeal but which was itself refused.
The case was adjourned to 19th June.