The
criminal trial involving the state against the former NIA boss, Yankuba Badjie
and eight others could not proceed yesterday before Justice Kumba Sillah-Camara
of the High Court in Banjul.
The
other accused persons are Louie Richards Leese Gomez, Saihou Omar Jeng,
Babucarr Sallah, Yusupha Jammeh, Haruna Susso, Tamba Mansary, Lamin Darboe and
Lamin Lang Sanyang.
They
are standing on multiple charges including conspiracy to murder, murder,
conspiracy to commit misdemeanor, assault causing actual bodily harm, forgery,
making false documents without lawful authority.
The
prosecution led by the Deputy Director of Public Prosecution (DDPP) had opened
the prosecution case on Monday 8 April 2017 and called two witnesses who
testified and were cross-examined by the defence team.
During
yesterday session when the court was expecting the prosecution to call their
3rd prosecution witness to testify before the court as promised but rather he
informed the court that the prosecution was constrained by intervening
circumstances.
He
disclosed that the Attorney General and Minister of Justice was carrying out a
reorganisation in respect of the conduct of the case.
He
said that it involves other counsel joining or taking over the conduct of the
case and, as a result, it would require time to study the case file.
Lawyer
M.B. Abubacarr urged the court to grant the state an adjournment to enable them
study the case file for diligence prosecution of the case.
Lawyer
Moses B.J. Richards, the defence counsel for the 3rd accused Saihou Omar Jeng,
argued that he was not against the state application for an adjournment.
He
intimated to the court that the Attorney General once said he needed time to
study the case file but urged the presiding Judge to grant bail to the accused
persons at this junction.
for
his part, Lawyer E. Gomez, defence counsel for the 2nd accused person, Louie
Richards Leese Gomez, said he was not objecting to the application made by the
state to grant an adjournment but cited section 24 of the 1997 constitution
that it guarantees all the accused persons fundamental right and freedom.
He
urged the court to be mindful of the fact that the adjournment might mitigate
the right of the accused persons under section 24 of 1997 constitution.
Lawyer
C.E. Mene, defence counsel for the 1st accused, Yankuba Badjie, argued that
under the provisions of the criminal procedure code, bail could not be granted
but the CPC is a subsidiary of the constitution which is the supreme law of the
land and that under section 19 (5) bail could be granted.
At
this point, the presiding judge intervened and pointed out that the accused
persons are not under such circumstances as indicated under section 19(5) of
the constitution.
She
indicated that the case had been moving steadily.
She
then adjourned the matter until 15 May 2017, for mention and 22 May 2017, for
further hearing.
