Mar 1, 2012, 2:26 PM
The Banjul Magistrates' Court yesterday ordered the Director of Public Prosecution (DPP) to appear in court at the next adjourned date in connection with the false information case against Musa Suso.
The presiding magistrate, His Worship Kayode, made this order in a ruling over an application made by Lawyer Lamin Jobarteh, defending Musa Suso that the case be adjourned until the issue of whether the office of the DPP is taking over the matter or the Police that is to continue with it, is finally resolved.
Lawyer Jobarteh told the Deputy Director of Prosecution he had informed the High Court that they would be taking over the prosecution of the case from the Police. He said they told him to go over to their office to discuss the issue, but out of caution he decided to write to the office of the DPP to state his position instead of discussing with them.
"And this morning we appeared before Justice Wowo on the same matter with DPP and he informed Justice Wowo that they are taking over this matter from the police and are waiting for the file from the police," he said.
He said that at that meeting he indicated to the Judge that he was aware of the state of things, but the issue that remains grey is the documents he had asked to be supplied with by the prosecution. He posited that the Prosecution is afraid to produce the documents. Magistrate Kayode granted the application and made a pronouncement that the DPP appears in court. However he added that if the DPP did not appear in court come next adjourned date the case would proceed.
The ruling terminates the police prosecutor's objection to the defence counsel's submission for the case to be adjourned. The prosecutor told the court that the application has no bearing on the case for now, noting that since neither the DDPP nor his representative or a letter from that office is before the court. He added that tahe Attorney General's Chambers taking this matter from the police is only an internal matter between the police and the AG's Chambers.
"If the DDPP had informed the High Court their intention to take over this case but did not appear before this court to inform it of their, thus, this court should not take any heed for an adjournment from the defence with regards of a statement by the DPP," he said.
"That after constant contact with the AG Chambers, we are asked to continue with this case until such a time further information emanates from them that they want to take over the case," he added.
In the view of Superintendent Badjie the defence did not submit any tangible evidence for the case to be adjourned.
"Justice delayed is justice denied and the prosecution intends to continue with this case," he said.
Yesterday's proceedings should have seen the continuation of cross-examining of David Colley, the Director General of Prison by defence counsel Lamin Jobarteh as the trial of Musa Suso progresses.
The accused, Musa Suso, is standing trial on charges of giving false information to a public officer.
The case continues today.