Apr 26, 2011, 5:44 PM
The case involving Pa Habibu Mbye, former crime management coordinator at the NDEA, and Foday Barry, former director of intelligence and investigation at the same institution, yesterday failed to proceed at the Banjul Magistrates’ Court.
The two former senior NDEA officers were arraigned before the court and charged with conspiracy to defraud, stealing and neglect of official duties, as directors.
When the case was announced yesterday, the prosecuting officer, Sergeant Manga, told the court that the prosecution intended to call their witness, but the witness was out of the jurisdiction.
Thus, the prosecution was applying for one more adjournment.
In response, defence counsel Ouzuma told the court that while he had heard the submission of the prosecution, he would like to remind the court of its earlier ruling.
“The defence is urging the court to strike out the matter before the court. We are opposing the adjournment of the case,” counsel submitted.
In delivering his ruling, Principal Magistrate Alagbe stated that after he had listened to the submission of both sides, the court firmly agreed with the defence counsel that the prosecution was not taking due diligence in proceeding with the case.
He, therefore, urged the prosecution to bring the witness to the court by the next adjournment date, otherwise the court would discharge the accused persons.
The magistrate pointed out that this was the third adjournment at the instance of the prosecutor.
The case was then adjourned to 24 November 2012, for hearing.
The particulars of offence on count one stated that the accused persons, between 2010 and 2012 in Banjul and in diverse places, within the jurisdiction of the court, with an apparent intent for deception, jointly conspired to defraud one Robert Danquah, an inmate in Mile 2 State Central Prisons of D230,000.
On count two stated that Foday Barry and Pa Habibou Mbye, between 2010 and 2012 in Banjul and in diverse places, within the jurisdiction of the court, stole D230, 000 from one Robert Danquah, an inmate in Mile 2 Prisons.
And count three read that between 2010 and 2012 in Banjul and in diverse places, within the jurisdiction of the court, neglected of their official duties as directors at the NDEA, jointly defraud one Robert Danquah, an inmate in Mile 2 State Central Prisons of D230, 000.