Sep 5, 2012, 9:59 AM
Isatou Janneh-Njie of the Banjul Magistrates’ Court yesterday discharged Tina
Faal, who was charged with stealing and obtaining goods by false pretence.
This development followed the application made by the defence counsel, Combeh Gaye, to strike out the case.
In her submission, she told the court that the prosecution had been served with a hearing notice, and she understood that they were not in court.
She further stated that the prosecutor was not also in court on 14 February 2017.
She then applied to the court to strike out the charges against the accused person.
She further submitted that the accused person had been always present in the court, and was present on 14 February 2017.
Counsel Gaye argued that the matter did not proceed, since around the 22 January 2017.
She adduced that the prosecution had lost interest in the matter.
She further said that in the interest of justice, she would urge the court to grant her application to strike out the case.
Magistrate Janneh-Njie, in her ruling, told the court the prosecutor was not present in court on 14 February 2017, and the case was adjourned at his instance.
She further stated that the prosecution could not file a case and go and sleep, adding that justice delayed is justice denied.
She said a hearing notice was served on the prosecutor and there was proof of service, and yet the prosecutor was not present in court and no reason was given for his absence.
She further adduce that she would grant the application made by the defence counsel.
As a result, she struck out the case and discharged the accused person.