Justice Moses Richards of the Special Criminal Court of the High Court in Banjul yesterday gave the state prosecutor an ultimatum: To proceed with the case on the next adjournment date, failing which he would be left with no option but to discharge the accused for lack of diligent prosecution. The case relates to the prosecution of a manslaughter suspect, one Jawo Jallow.
When the case was called, the deputy Director of Public Prosecutions, M. Abdullah, who was holding brief for state counsel Yusuf, told the court that Yusuf was unable to come to court due to some reasons, and undertook to inform him (Yusuf) before the next adjournment date.
Defence counsel L .K. Mboge told the court that it has given ample time to the prosecution, which always fails to proceed with the case.
According to him, the case has suffered many set-backs. Consequently, he urged the court to discharge his client. As he put it, "the accused person's liberty is at stake."
Justice Richards, after listening to both parties, ruled that the prosecution must proceed with the case failing which the accused will be discharged.
The case was adjourned to 3rd February 2010.