By M.S Bah
Justice Kumba Sillah Camara of the High Court in Banjul Yesterday 20th March, 2017 denied an application made by the defense for erstwhile top National Intelligence Officials (NIA) murder and conspiracy case to either be struck out or grant them bail.
C.E Mene,Attorneys for Mr. Yankuba Badjie, former Director General of the defunct NIA now called State Intelligence Service (SIS) and eight others earlier applied under section 19 Sub Section B of the 1997 Constitution for the court to invoke the powers vested under the said Section.
Earlier, the Deputy Director Of Public Prosecutions, MB Abubacarr alongside with Olimatou Danso and Bafou Jeng informed the court that they have filed the necessary information before the court. However he intimated to the court that the state need more time to enable them file all the required documents including exhibits in this trial as the expertise needed in the body of the late Solo Sandeng is not available in the country. He therefore implore on the court to grant them an adjournment.
Barrister Mene, appearing with Emmanuel E Chime for the first accused person (Yankuba Badjie) reacted that there must be something before the court arguing that investigations should have been completed prior to arraigning the accused persons in court. “The state is still not ready with investigations and what has been filed before the court is still incomplete,” said Mene.
According to counsel, the information or documents tend to be relied on by the state such as summary of evidence, list of witnesses, and exhibits needs to accompany the information but they are all missing.
“Until proper documents are before the court, and the accused persons took their plea, the court cannot seize this matter. This is the third time we are coming and there is nothing before the court,” said Mene.
“In that circumstance, I urged the court to invoke it’s powers under section 19 of the 1997 Constitution. Alternatively my lady, I urged the court to strike out this matter for lack of diligence prosecutions so that they can have the expert from any part of the world for through and conclusive investigations,” he added.
Emmanuel E Chime who appeared with Patrick Gomez for the 2nd accused persons (Louis Gomez) said “I also wish to submit that hence there is no information in the courts file, that this honourable court is not properly constituted to continue entertaining this matter.”
According to Chime, the only option available for the court was to strike out the case and discharge the accused persons hence there is no information neither charges or summary of evidence. “This court should ask the accused persons to go home until such a time the state is ready,” said lawyer Chime. He added that the court is well known for not entertaining unnecessary adjournments. “This will amount to beaten a lazy man to death. This court is acting on illegality and no court condones illegality,” said Chime.
Attorney for the 3rd accused person (Sheikh Omar Jeng), Moses B Johnsons Richards while associating to the submissions made by his colleagues submitted that if the court is not minded to strike out the case the court should grant the accused persons bail.
“My client is a sick man and has been deprived from seeing a Medical Doctor as enshrine under section 19 of the 1997 Constitution. I was perturbed when the Deputy DPP asked for an extension of the order of the court for adjournment,” he expounded.
Barrister Richards describe the continues detention of the accused persons as illegal; adding that there are precedence and these are people who served the state for many many years. “We are urging for the striking out of this case or in the alternative grant the accused persons bail. My client told me that he is ready to clear his name for the purported charges preferred against him,” he disclosed.
Barrister Uzuma Achigbue attorney for the 4th accused person (Haruna Suso) submitted that the accused persons enjoys the presumption of innocence as enshrine in the constitution. He said “It’s not good practice to hold the accused persons who are presumed innocence in order to speculate against them.” “This is a trial by speculation and the court cannot act upon speculations, conjuncture or admission of the state,” he added.
He finally referred the court to section 95 of the said Constitution and urged the court to take advantage of the law. Dayo Dago Small, attorney for the 6th accused (Lamin Lang Sanyang) also reiterate on the earlier submissions made by his learned seniors and urged the court to discharged the accused persons until such a time the state is ready and willing to pursue this matter.
Barrister Sidney Kennedy from the Legal Aid Department appeared for Yusupha Jammeh Tamba Masireh Lamin Darboe and Babucarr Sallah (5th, 7, 8 and 9 accused persons respectively) submitted that since there are no void charges before the court, the court lacks jurisdiction.