Sep 28, 2010, 1:32 PM
Defence Counsel, Lamin Jobarteh, had urged the presiding Magistrate, His Worship Kayode, to recuse himself from the trial of Musa Suso former National Assembly Member for Kombo North.
"We have no confidence whatsoever under the given circumstances that we will be accorded a fair and impartial hearing," lawyer Jobarteh told the court. " We are not in a position to prepare our defence because we lack documents that are in the hands of the prosecution and they are refusing to make those documents available despite our application for notice to produce, in which application we have been overruled," he submitted.
He submitted that the documents the defence have been asking for are vital to the preparation of their defence and therefore they have been denied of their constitutional right to afford the opportunity to prepare their defence.
Lawyer Jobarteh further submitted that the proceedings had commenced without their notice, which he said, was fundamental despite the accused telling the court that his counsel was not aware of the proceedings. According to counsel Jobarteh, this clearly undermines their confidence from the court.
He said he had written to the court and copied to the prosecution requesting for an adjournment in the view of the fact that his diary was committed to cases at the High Court which had supervisory jurisdiction over the Magistrates' Court.
"We are afraid to be tried by this court and under the circumstances that the court may be biased against us," he added.
He said that the trial being a criminal one, he wants the Magistrate to recuse himself from the case. He further submitted that the issues he raised clearly show the apprehension of fear in their minds.
The case was adjourned until
It was alleged that the accused, Musa Suso, in the year 2007 at police headquarters in Banjul, gave false information to the then IGP, Benedict Jammeh and the then Crime Management Co-ordinator Burama Dibba, that the Director of Prisons, David Colley, had received an unspecified amount of fuel from his (Musa) friend Ebou Khan, while he (Musa) was incarcerated at the Mile II prison knowing it to be false or believed it to be untrue at the time.
It was also alleged that in the year 2007 at the police headquarters in Banjul, he falsely informed the then IGP, Benedict Jammeh, and the then Crime Management Co-ordinator, Burama Dibba, that the Director of Prisons, David Colley, had diverted a satellite disk bought by Ndey Conteh for the inmates at the Mile II prison to his personal use, which statement he knew to be false or believed it to be untrue at the time.
It was alleged further that in the year 2007 at police headquarters in Banjul, Musa Suso falsely informed the then IGP, Benedict Jammeh, and the then
The offence further stated that in the year 2007 at the police headquarters in Banjul, Musa Suso falsely informed the then IGP Benedict Jammeh and the then