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toubab1020
12314 Posts |
 Posted - 17 Dec 2014 : 21:24:51
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NEWS from The Daily Observer Newspaper.
Court threatens to strike out case if...
Africa » Gambia
Wednesday, December 17, 2014
Justice Simon Ateh Abi of the High Court in Banjul has warned that he would entertain and grant defence application for a striking out of a criminal case involving the state and one Jama Ceasay, if the state on the next sitting fails to appear or proceed with the hearing of the said case.
Justice S.A.Abi made these declarations on Tuesday 16th December,2014 during the said court hearing, when the matter came up and it was observed that no lawyers from the Criminal Division of the attorney general’s Chambers was in court.
It could be recalled that the accused person, Jama Ceasy is standing criminal trial of which five counts are stealing by clerk; one count charge of fraudulent false accounting; one count charge of cheating and one count charge of stealing, contrary to the laws of The Gambia.
When the matter came up, defence counsel Borry Touray made a submission urging the court to strike out the matter, because of lack of due diligence on the part of the state.
He referred the court to some authorities touching on the fundamental rights and pointed out that it is incumbent upon the state to prosecute its case with due diligence after an accused person had been arraigned before the court.
The presiding judge, Justice S.A Abi after listening to the submission of Lawyer B.Touray urging that the matter be struck-out, said he is mindful of the fact that the case is still at the prosecution stage and about four (4) prosecution witnesses have testified for the state, striking out the case at this stage will to his mind amount to a dismissal with the state being foreclose from relisting the charge or refilling a fresh charge against the accused person.
Justice Abi stated that he view the absence of the state counsel without reason as highly discourteous, but will however refuse to strike out the matter (yesterday) as prayed by defence counsel ,Borry Touray.
Justice S.A.Abi however remarked that if on the next adjourned date the state fails to appear or proceed with the hearing of the said matter, he shall entertain and grant the defence application for a striking out of the matter. The case was then adjourned to the 12th January 2015 at noon.
Author: Sidiq Asemota
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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lack of due diligence on the part of the state.
