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| toubab1020 |
Posted - 14 Jun 2023 : 15:04:31
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https://thepoint.gm/africa/gambia/headlines/high-court-discharges-accused-for-lack-of-diligent-prosecution
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#Headlines
High Court discharges accused for lack of diligent prosecution
Jun 14, 2023, 11:03 AM | Article By: Dawda Faye
Justice Isatou Janneh-Njie of the High Court at Kanifing yesterday discharged one Ali Jallow, who was charged with robbery with violence at the magistrates’ court. This followed the announcement by a state counsel that the state counsel in the case was sick, hence the absence. But Justice Janneh-Njie replied that if the state counsel in the case was sick, the state could have sent another state counsel to proceed with the case.
In her ruling, the presiding judge told the court that the magistrates’ court transferred the case to the High Court for lack of jurisdiction. “The state counsel in the case applied for an adjournment to call their witness. It is now one year and the state has not presented their witness to testify before the court. On the last adjournment, the court indicated that if the state fails to proceed with the case, the case will be struck out. The accused has a right to a fair and speedy trial. Since the state has failed to produce their witness for the case to proceed, the case is hereby struck out. The accused is therefore discharged for lack of diligent prosecution,” the presiding judge declared.
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