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toubab1020
12312 Posts |
 Posted - 16 Oct 2010 : 17:07:11
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http://observer.gm/africa/gambia/article/court-urged-to-discharge-alleged-mfdc-suspects
Court urged to discharge alleged MFDC suspects
by Sidiq Asemota
Friday, October 15, 2010
Lawyer Uzoma Achigbue yesterday urged the Special Criminal Court in Banjul presided over by Justice Joseph Enwa Ikpala to discharge four accused persons standing trial on charges of prohibition of act of terrorism.
The four, Ebrima L Jarju, Abdoulie Sanneh, Bala Sambou and Abdoulie Momodou Tamba are among six accused persons charged with the offence of terrorism, prohibition of the act of terrorism and obtaining the Gambian National ID Card by false declaration. According to the particulars of offence, the accused persons on the 17th of September 2009 at Darsilarmi village and in diverse places in Western Region conducted themselves in an unlawful act which may seriously destabilise or destroy the fundamental political institutional, economic or social structure of The Gambia.
The particulars further stated that the accused persons between January 2009 and September 2009 in Brikama and in diverse places in Western Region arranged, managed and participated in a meeting which they knew concern an act of terrorism. The particulars also stated that the accused persons on the 4th of April 2009 at the Brikama Immigration Office, not being Gambian citizens, made a false declaration for the purpose of obtaining a Gambian National Identity Card.
At yesterday's sitting, Sgt Lamin Korta of the Prisons Department tendered an affidavit which disclosed that one of the accused persons, Momodou Lamin Sanneh died recently and subsequently the presiding judge, Justice Joseph E Ikpala then struck out his name from the charge sheet. It could be recalled that before the High Court proceeded on vacation, the prison authorities reported the death of Ebrima D Jarju, reducing the number of accused persons to four.
After Justice Ikpala struck out the name of Momodou Lamin Sanneh from the charge sheet, senior state counsel, AM Yusuf, informed the court that the defence has written a letter to the office of the director of Public Prosecution (DPP) for a proposal on a plea bargain. The presiding judge, Justice Ikpala however replied that he was not aware of such proposal for a plea bargain, but he was aware that the accused persons took their plea since March 2010.
At this junction, defence counsel, Uzoma Achigbue submitted that the case has suffered a lot since the accused persons took their plea in March 2010, noting that the case has not proceeded beyond that stage of plea taking. Lawyer Uzoma pointed out that two of the accused persons have lost their lives during the course of the trial and the prosecution has still not commenced. He further pointed out that the letter being referred to by the prosecution for a request of plea bargain was sent to the DPP's office long before the vacation.
The defence counsel advanced that the request for plea bargain was made directly to the DPP office, without any prejudice to what is going on in the court. Defence counsel Uzoma submitted that the laxity of the prosecution to deal with the said matter is what is fuelling the defence request for a date for hearing. He therefore urged the special criminal court to discharge the four accused persons for lack of diligent prosecution, noting that the 4th accused, Abdoulie Modou Tamba is now on wheelchair, and that his health situation is very uncertain.
In his ruling, Justice Joseph Enwa Ikpala declared that since the DPP's office is yet to reply to the proposal for a plea bargain, it is unquestionable for the prosecution to hold on to the request of plea bargain and stall the case. Justice Joseph Enwa Ikpala then adjourned the case to the 28th of October 2010 for definite hearing.
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