Sep 14, 2012, 10:28 AM
The case involving Pa Habibu Mbye and Foday Barry resumed today at the Banjul Magistrates’ Court before Principal Magistrate Taiwo Ade Alagbe.
Pa Habibu Mbye, former crime management coordinator (CMC) and Alhagie Foday Barry, former director of Intelligence and Investigation, are standing trial for the alleged offences of conspiracy to defraud, stealing and neglected of official duties as directors.
It would be recalled that at the last adjournment date, the prosecuting officer, Sergeant Manga, told the court that the prosecution intended to call a witness, who was out of the jurisdiction.
In response, the defence, Ouzuma, objected to the adjournment of the case and further argued that his client should be discharged if the prosecution was not ready to proceed with their case.
Magistrate Alagbe, in his ruling, stated that the court firmly agreed with the defence counsel that the prosecution was not showing due diligence in proceeding with the case.
He then urged the prosecution to bring the witness to the court by the next adjournment date, otherwise the court would discharge the accused persons, adding that the court would not be held to ransom.
He then adjourned the case for today for hearing
According to the particulars of offence on count one, the accused persons, between 2010 and 2012 in Banjul and 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 Central Prisons, of D230, 000
Count two stated that the accused persons, between 2010 and 2012 in Banjul and diverse places within the jurisdiction of the court, jointly stole D230, 000 from one Robert Danquah, an inmate at the Mile 2 Central Prisons.
Count three read that between 2010 and 2012, in Banjul and in diverse places within the jurisdiction of the court, they neglected their official duties as directors at the NDEA, and jointly defrauded one Robert Danquah, an inmate in Mile 2 State Central Prisons, of D230, 000.