Defence
Counsel C.E. Mene yesterday objected to the high court’s jurisdiction to hear
the alleged murder case involving nine former officials of the National
Intelligence Agency (NIA) on the grounds that it does not follow due process of
the law.
The
nine officials are Yankuba Badjie, former director general of NIA, Louis Richard Leese Gomez, Saikou Omar Jeng, Baboucarr Sallah, Yusupha Jammeh, Haruna
Susso, Tamba Mansaray, Lamin Darboe and Lamin Lang Sanyang.
They
are charged with twelve counts of criminal offences of conspiracy to murder,
murder, assault causing actual bodily harm, conspiracy to commit misdemeanor,
forgery and making documents without authority.
When
the case was called, the deputy director of Public Prosecution MB Abubacarr appeared
for the state alongside, A. Adeyimi, O. Danso, E.R Dougan, and B. Jeng.
The
defendants were represented by C.E Mene, E.E Chime, E.A Gomez, P. Gomez, Moses
Richards, S. Kennedy, U. Achigbue, and D. Dayo.
Defence
Counsel C.E Mene said since the state has now filed information before the
court, it should strike out the previous charge before the high court that
emanated from the Banjul Magistrates’ Court.
“If
they have two processes before the court it would be termed as an abuse of
court process,” he said.
The
state did not object and the previous information was then struck out by the
presiding judge.
The
trial judge then asked the accused persons which language they are comfortable
and the 8th accused opted for Mandinka and the rest said they are okay with
English.
The
presiding judge then read the charges to them in English and it was translated
to the 8th accused in Mandinka. They all said they understood the charges.
Defence
counsel C.E. Mene said now that charges have been read to the accused persons
they wish to make an objection to the jurisdiction of the court to entertain
the case.
“I
am seeking the order of this court to strike out this case,” he said.
State
counsel M.B. Abubacarr said counsel Mene was objecting to the charges of the
court but should not go into the summons on notice that was served on them in
the morning.
Counsel
Mene said he was not proceeding with the summons on notice but objecting to the
charges.
He
said they are objecting to the court’s jurisdiction to entertain the case on
the grounds that it has not followed the due process of the law.
Defence
counsel D. Dayo also brought to the attention of the court that they had a
pending application at the court.
The
state said they had been served and that they would react to it.
The
presiding judge then adjourned the case until 10 April 2017, for the hearing of
the summons on notice and 11 April 2017 at 12 noon for the bail hearing.
