The Magistrate made his ruling following the last adjourned date when the accused person, Yankuba Darboe, chairman of the Brikama Area Council (BAC), opened his defence with a motion on notice which was served on 6 September 2023 with the counsel for the applicant that the court might be pleased to make orders on recusing oneself from taking any further steps in the hearing and determination of the charge(s) filed against the accused person/applicant.
The notice also decided to stay the hearing and determination of the charges preferred against the accused pending the hearing and determination of the appeal at the High Court.
Magistrate M.L. Thomasi ruled that the stay of proceedings granted, adding that the outcome/decision of the Appellate Court would determine the continuity of the matter or otherwise. “Be that as it may, shall the appeal succeed, prayer one in the said matter will be of no effect or use. Therefore, prayer one is denied, as it is not granted.”
He said the recusal of the sitting magistrate would only be borne out upon the directive of the Hon. Chief Justice, adding that the Hon. Chief Justice H.B. Jallow did make it clear that an application for the recusal was not automatic and “the condition therein are to be justified.”
“The omnibus prayer will be envisaged in the outcome of the decision of the High Court as it is to decide whether the matter will continue to proceed at the Magistrates’ Court or not,” court stated.
Counsel for the defence applied for the matter to be adjourned with no appointed date (sine die), as per the ruling delivered, to await the decision of the High Court.
Commissioner Sanneh, for the Inspector General of Police, also raised no objection to the application of the defence counsel to the matter awaiting the decision of the High Court.
The court asked: “What is the position of the accused person in relation to the bail bond binding the sureties?”
Commissioner Sanneh replied that the bail bond would still subsist pending the decision of the High Court and the defence counsel concurred and said “the bail bond runs with the appeal” as the matter was before the court.
The court ruled that, in respect of the accused person’s bail, the sureties were still bound as the bail bond runs with the appeal. The outcome of the appeal would determine whether the case would be relisted or struck out upon the application made by parties concerned, the court said.
