(Thursday 22nd October 2009 Issue)
Moses Richards of the Special Criminal Court of the High Court has urged the state prosecutors in the ongoing
Moses Richard made this admonition yesterday, when the State Counsel Nebo. Johns, who is handling the case is said to be on sick leave, while Richard N. Chenge Director of Public Prosecutor said he was not briefed about the motion.
For the trial Judge, holding brief is gratuitous but it goes with responsibilities. Justice Richards further stated that the preliminary objection raised by the prosecutors in the affidavit had material error of facts in support of the motion, which must be replied to by the respondent or else the court will move on to grant bail to the accused persons.
In this light, the case was adjourned to Friday 23rdOctober 2009, to enable the state to respond to the preliminary objection raised by the Counsel for applicants in the motion filed by the state or the accused persons would be accordingly remanded on bail as required by the law.
It would be recalled that the accused persons first appeared at the Brikama Magistrates Court on 30thMarch 2009, numbering 98 but now reduced to 28, who are currently battling for their bail at the High Court.
The accused persons are charged with arson, the crime of setting fire to someone?s property, amongst others.
The charges were strongly denied by all the accused persons.
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