Dec 28, 2011, 2:04 PM
When the case was called, DPP Barkun informed the court that his last witness, Alasan Ndoye, was out of the jurisdiction and, as a result, he was seeking an adjournment.
According to the DPP, he had been in contact with the witness and the witness demanded an official summons from the court.
Justice Amadi asked him why they did not send the summons earlier.
The DPP stated that Alasan Ndoye was working for a particular company and they did not want to jeopardize his job, which was why he requested them to send a summons, adding that was the third summons sent to him since the other summons were faulty.
Senior defence counsel AB Gaye said he was objecting to the application on the grounds that the amended information of the case was filed since 22 October 2014 which, according to him, was seven months to date.
The state knew all along where the witness was, and they had ample time to send him the summons, he said.
He, therefore, urged the court to carry out the warnings made on the last adjourned date that if they did not bring their witness, the court would close their case to show them that it was a very serious case and the court should not be taken for granted.
“I will only adjourn this case for the last time and if the witness failed to appear in court on the next adjournment date, I will close the prosecution’s case,” the judge declared.
He said the witness is sitting comfortably in the US while the court is waiting for him, and if he was called by a court in the US, he would go and answer.
The case continues on 4 June 2014.