Nov 14, 2013, 9:33 AM
Prosecutor Sergeant Manga yesterday announced before the Banjul Magistrates’ Court, presided over by Principal Magistrate Taiwo Ade Alagbe, that the case file involving Pa Habibu Mbye and Foday Barry was not ready from a request for legal opinion.
Pa Mbye, former crime management coordinator at the NDEA and Alhagie Foday Barry, former director of intelligence and investigation at the NDEA, were arraigned before the said court and charged with theft, conspiracy and neglect of official duties.
When the case was called, Sergeant Manga told the court that the prosecution was applying for one more adjournment of the case.
“The prosecution is yet to receive the case file from the Attorney General’s Chambers for legal advice. I have received signals that before the end of the week, the case file might be ready for hearing,” he said.
Responding, defence counsel Ouzuma told the court that the prosecution at the last adjournment date had told the court that they would proceed with the case.
“We are hearing an adjournment again in the case from the prosecution side. The defence did not expect any adjournment in the case,” counsel said.
He pointed out that his clients were charged with a criminal offence, and they needed to know their fate in the case.
“I therefore urge your worship to rule that by the next adjournment date they should proceed with the case,” he added.
In delivering his ruling, the trial magistrate stated that after he had listened to the submission of both sides, the court firmly believed that charging the accused persons was a sign of the state’s readiness to proceed with their case.
He therefore urged the prosecution to be ready to proceed, by the next adjournment date.
The case was then adjourned till 24 September 2012, for hearing
The particulars of offence on count one stated that 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 Mile2 Central Prison, of D230,000
Count two stated that the accused persons jointly stole D230,000 from Danquah.
Count three stated that the accused persons neglected their official duties as directors at the NDEA, and jointly defrauded Danquah of D230,000.