Feb 29, 2012, 1:18 PM
The criminal trial involving Moses B. Johnson Richards continued yesterday at the Banjul Magistrates' Court before acting-Principal Magistrate Alagba.
Richards is being tried for the alleged offence of giving false information to a public officer and sedition.
When the case was called, the defence counsel, Antouman Gaye, informed the court that the defence had filed a summons for the defence witness number three to come and give evidence to the court, and wants the court to sign it.
Senior counsel Gaye further told the court that they wanted to proceed with their defence witness, but the state counsel, Simeon Abi, was not in court.
At that point the trial magistrate told the court that the deputy Director of Special Litigation, Simeon Abi, had written for the court to be stood down until 3 pm, but said no counsel would waste the time of the court.
He then urged the defence to proceed with their witness.
Continuing his testimony, defence witness number two, Pa Ebrima Colley, was asked by counsel to look at the statement dated 11th January 2011, and whether he recognized it.
Colley told the court that he recognized the said statement as the one obtained at the NDEA main office at Kanifing, when he was asked to answer questions in connection with the case, and that its bear his signature.
He added: "The other statement I made was when I was called to the NDEA for the second time, and they asked me whether what the accused person wrote was what I asked him to write for me, which I confirmed."
At that juncture, the defence counsel, Antouman Gaye, asked to tender the two statements obtained from the witness,
However, the trial magistrate told counsel that the documents could not be tendered in evidence without a proper foundation being laid.
However, counsel argued that these documents cannot be rejected by the state counsel, because the documents were in the custody of the state, and so he thought there was no need to lay any foundation before tendering them in evidence. But if the court insists, he could still do so.
The case was subsequently adjourned till 19 April 2011 for continuation.