Justice Jobarteh granted the application of the State, saying: “The (state) should file the indictment on the next adjourned date and should file the indictment on or before the 16th November 2022.”
The case involving Kumba Sinyan, who was alleged to have murdered one Lamarana Jallow, a former staff of The Gambia Chambers of Commerce and Industry (GCCI) couldn’t proceed as the state asked for another adjournment with a view to prepare themselves.
When the case was called yesterday, Counsel Sagarr Twum announced her representation as defence for the accused person (Kumba Sinyan) while the state was represented by Counsel Lamin Jarju.
State Counsel Jarju informed the court that “we received the file from the police today in just less than 30 minutes,” adding that they have to advise themselves and request or apply for an adjournment to enable them do the needful before the next adjournment date.
The counsel for the accused person S. Twum objected to the application of the state, saying that this is the third time the case has been adjourned.
"I understand that my lady has asked the state to file an indictment by today, this is a serious murder offence and the accused person has been in custody (denied bail). This is now a habit for the state to keep accused persons in custody without preparing for prosecution," she added.
She draws the attention of the court to Section 99 of the Criminal Procedure Code regarding the bail of the accused person.
“Section 99 reads that when a person, other than a person accused of an offence punishable with death or imprisonment for life, appears or is brought before a court on any process or after being arrested without a warrant, and is prepared at the time or at any stage of the proceedings to give bail, the person may in the discretion of the court be released upon his or her entering in the manner herein after provided into a recognisance, with or without a surety or sureties, conditioned for his or her appearance before the court at the time and place mentioned in the recognisance.”
She further submits that prosecution had enough time to file the indictment, and the police investigated the matter and transferred the case to AG Chambers for prosecution.
"My application is that the court should give an order for a deadline for the filing of the indictment or she should be discharged until they put their house in order or when ready to proceed with the case," she submitted.
The State Counsel, however, points out that they didn't put the accused person in custody deliberately but it has to do with the doctor's report, adding that once they file the indictment the case could come on a daily basis.
The case is adjourned to Wednesday 16th November at 11:30 am for the state to file the bill for indictment.
