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toubab1020
12306 Posts |
 Posted - 03 Nov 2018 : 12:48:20
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Friday, November 02, 2018
Justice Ebrima Jaiteh has ordered the Attorney General and minister of Justice to pay the sum of D20.000.00 as cost to two accused persons; Lucy Malachi alias Happiness and Christiani Oranugo.
Justice Jaiteh made this order on Tuesday, 30th of October, 2018 in a ruling predicated on an application by State Counsel C.C. Njie seeking for an adjournment on the ground the State had no witness in court to testify.
In responding to the application for an adjournment, the defence counsel E.A. Gomez vehemently objected the application for an adjournment.
Defence counsel E. Gomez contended that State Counsel did not take the court seriously in conduct of the case and submitted that the State Counsel C.C. Njie was also not in possession of the case file to prosecute the case.
Lawyer Gomez argued that when the case was called, State Counsel Njie was in court, but did not intimate to the court of holding brief for another State Counsel.
Lawyer Gomez further argued that it was when State Counsel Jarjue, who is in personal conduct of the case was in court but not properly dressed and thus was not visible or audible to the court and then State Counsel Jarjue prompted Counsel Njie to make representation and apply for an adjournment.
Defence Counsel Gomez submitted that the fundamental rights and freedoms enshrined in the 1997 Constitution are sacrosanct and inviolable and also not subject to negotiation.
Defence counsel refers the court to the preamble of the Constitution under Sections 17 (1) and 24 and argued that the courts are mandated to enforce these provisions of the Constitution and to ensure that trials are conducted within a reasonable time. Lawyer Edward Gomez then respectfully and humbly urged the court to acquit and discharge the accused persons.
Justice Jaiteh pointed out that after listening to the objection of the Defence counsel to the granting of an adjournment, State Counsel C.C. Njie did not provide any reason to the court to warrant the granting of an adjournment in the case.
Justice Jaiteh stated that according to the High Court Practice Directions 2013, “no adjournment shall be entertained except in very compelling circumstance and in the exercise of the court’s discretion”
Justice Jaiteh stated that in the instant case, State Counsel C.C. Njie did not provide any reason to warrant the granting of an adjournment in the case.
Justice Jaiteh pointed out that State Counsel Jarjue applied unethical practices including changing counsel for the State at will without instruction to carry on with the case.
Justice Jaiteh further pointed out that State Counsel C.C. Njie lacks the preparedness to prosecute the matter as he was not instructed to prosecute the case, noting that the application by State Counsel C.C. Njie is deemed by the court to delay the proceedings.
Justice Jaiteh held that the Attorney General’s Chambers is not a persecutor but prosecutor and could foreclose the case of the State by virtue of the prosecutors’ lackadaisical and nonchalant attitude in prosecution of the case coupled with their failure to uphold the ethics of the legal profession.
Justice Jaiteh disclosed that there was no reason why Counsel Jarjue who is in personal conduct of the case would abdicate his prosecutorial functions to Counsel C.C. Njie who was not briefed of the case.
“For the benefit of doubt and the interest of justice, I shall one last time adjourn this matter and if on the next adjourned date, the State law office is unable to proceed I shall foreclose the case of the State. For adjourning this matter, I shall award cost against the Hon. Attorney General and Minster of Justice,” he remarked.
Justice Ebrima Jaiteh accordingly awarded the sum of D20.000.00 as cost against the Hon. Attorney General and Minister of Justice in favour of the accused persons.
Justice Ebrima Jaiteh ordered that the said ruling be personally served on the Attorney General for compliance.
The matter was then adjourned to the 6th of November, 2018 at 1p.m. for the continuation of cross-examination of the second prosecution’s witness.
It could be recalled that the two accused persons; Lucy Malachi alias Happiness and Christiani Orunago are indicted with the offence of human trafficking.
Author: Bruce Asemota
http://thepoint.gm/africa/gambia/article/court-orders-ag-to-pay-d20000-to-accused-persons
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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"lackadaisical and nonchalant attitude"
