The
criminal appeal case involving 11 jailed supporters of the United Democratic
Party (UDP) against the state proceeded yesterday, before The Gambia Court of
Appeal presided over by Justice A.O. Adegoke, Justice Awa Bah and Justice Edrissa
Mb’ai.
The
appellants are Lamin Sonko, Modou Touray, Lamin Marong, Lasana Beyai, Alhagie
Fatty, Nogot Njie, Fatoumatta Jawara, Fatou Camara, Kafu Bayo, Ebrima Jabang
and Modou Ngum.
They
were jailed for three years by the Mansakonko High Court after they were
convicted for unlawful assembly, holding a procession without a permit, riot,
among others.
The
appellants are challenging the high court decision, thus filed their appeal
individually before the appellate court.
During
the court sitting yesterday, lawyer A.N.D Bensouda, the lead counsel for the
appellants, informed the court that a motion for consolidation of the
appellants appeal was filed.
The
court observed that the 3rd appellant, Lamin Marong, was absent as he was said
to have been ill and was receiving medical attention, and could not make it to
the court.
DPP
S.H. Barkum submitted that his concern was whether the motion for the
consolidation of the appellants appeal could be moved in the absence of the 3rd
appellant.
Lead
counsel A.N.D. Bensouda replied that the absence of the 3rd appellant was a
matter beyond the appellant’s control, and she then enjoined the court to
proceed to consolidate the appellants’ appeal.
DPP
S.H. Barkum told the court that, on 14 November 2016, the matter was adjourned
as a result of the absence of the appellants in court.
Lawyer
Bensouda submitted that the circumstances are different from that of the 14
November 2016, as all the appellants were absent in court.
In
her ruling, Justice A.O. Adegoke said the court was of the view that the matter
be consolidated and heard, noting that the 3rd appellant is duly represented by
counsel.
She
then urged the appellants’ counsel to go ahead and move the motion to
consolidate the appellants’ appeal.
Lawyer
A.N.D. Bensouda then applied and moved the motion to consolidate the
appellants’ appeal.
Meanwhile,
the application seeking to consolidate the individual appellants’ appeal was
granted by the court, and each appeal shall maintain the case number during the
pendency of the hearing.
Justice
A.O. Adegoke ruled that in view of the fact that the compilation of the record
is in progress, the matter be adjourned until 12 December 2016 for proof of
service and ordering of briefs.
