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Judgment date set in lawyer LK Mboge case

Sep 30, 2011, 1:43 PM | Article By: Bakary Samateh

The Banjul Magistrates’ Court has set 14 October 2011 as the date it would deliver judgment in the case involving Lawyer Lamin LK Mboge.

When the case was called yesterday, defence counsel Borry Touray told the court that the defence had filed it address on 28th September 2011.

He pointed out that the said address was copied to the state through the office of Director of Public Prosecutions (DPP), as well as to the court.

He added that the defence was applying to the court for an extension of time, adding that the defence was not opposed to the decision of the state, but instead was seeking the indulgence of the court to give them time to adopt their briefs.

Counsel added that the case was adjourned for yesterday, not for judgment, but instead for the adoption of briefs by the defence.

He added that if the DPP insisted that Thursday was for the judgment, the defence would leave everything in the hands of the court.

In response, DPP M. Abdullah told the court that the state was opposed to the application for the extension of time to adopt the defence briefs.

He said the extension of time was purely at the discretion of court, adding that the defence counsel had not given any reason to the court as to why the defence did not file their address early.

DPP urged the court to overrule the application made by the defence, and proceed with the judgment.

In his ruling, magistrate Alagba told the court that after carefully listening to the argument of both sides, he agreed with the defence counsel that the case was not set for judgment, but instead for adoption of briefs.

He added that the extension of time was purely at the discretion of court, and consequently overruled the DPP’s objection and adjourned the case accordingly.

According to the particulars of offence on count one, Lawyer Lamin K Mboge, between September and October 2010, at Banjul within the jurisdiction of the court, with intent to deceive executed an affidavit in the name of Alagie Momodou Barrow without his lawful authority.

Count two stated that Lawyer Lamin K Mboge on 26 October 2010, in Banjul within the jurisdiction of the court, did commit an offence when he made a false declaration before Ebrima Sambou, commissioner for oaths.

Counts three and four stated that Lawyer Lamin K Mboge on 26 October 2010, in Banjul within the jurisdiction of the court, made false documents, that is, an affidavit purported to have been deposed to by Alagie Momodou Barrow.