Jan 6, 2014, 9:41 AM
The trial Magistrate Omar Cham of the Brikama Magistrates’ Court yesterday ruled that the defence should furnish the court with the witness summons, as well as the document they intended to file.
This came after the defence said they intended to file a witness summons, and also for certain documents to be produced for the defence which include the notice of announcements, both written and recorded by the radio regarding the last Eid’ul Fitr prayer.
The court also made an order for the defence to give a clue as to the number of witnesses they intended to call.
Senior defence counsel AB Gaye responded that they have not yet summed up the number of witnesses they intended to call.
Continuing his defence, the Caliph Muhideen Hydara said he was aware of towns or districts that prayed on the same date when they did.
He said places in the provinces, such as Baddibu, Kiang, URR and some West African states.
He said that in his lifetime, he had never heard of someone being arrested just because he prayed on another day other than the announced day for praying.
He said there are no other commandments other than the commandments of the Quran and Sunnah of the Prophet, and he would go by these commandments.
He told the court that after praying Eid’ul Fitr, he was arrested the following day and was told to report at the Bwiam Police Station, where he spent a night and was later taken to the Sibanor Police Station where he spent two nights.
It was not until at Yumdum Police Station that he was informed of the reason for his arrest, he said, adding that at Yumdum police he spent another night, and was later taken to the Banjul Police Station and from there he was taken to Kanifing where he met with Imam Fatty and other people he did not know.
He added that the Quran did not state a particular day on which the entire world should perform Eid’ul Fitr prayers, “because the world is a wide place.”
He said that nothing was done to him, but he was later returned to Yundum Police Station where he spent another night making it the second night he spent at Yundum.
The case was adjourned to 1 April 2015.