Court Martial should bend rules: Prosecutor

Mafugi Ceesay

Director of Public Prosecution (DPP) SH Barkun has on January 31, 2013 asked the court martial at the Yundum Barrack to bend the rules and try Lieutenant Serign Jallow who is accused of hitting a junior (Suna Badjie).

DPP Barkun submission followed defence counsel Edrisa Sisoho argued that the Court Martial has no jurisdiction to entertain the matter since the alleged offence was committed four years ago.

Lieutenant Jallow, who is yet to take his plea, is said to have committed the offence during recruitment of intake 30 in 2009. His counsel argued that Section 124 of the Military Act states that allegations must be tried within three years from the time it was alleged to have been committed.

 But the DPP argued that the era to rely on the technicality of the case has passed and that the court should bend the rules to achieved justice.

“The rules are meant for the court, not that the courts are meant for rules,” he said. “This kind of instances cannot be kindly taking care of.”

“My learned friend is putting the cart before the horse,” he said. 

Justice Mikailu Abdullahi, presiding, interrupted by asking the DPP whether he needed time for court to stand down to allow him argue on the point of law, but the DPP decided to continue his argument.

The judge also asked Barkun whether he has read Section 124. in reply, Barkun concluded that the provision of section 124 is “procedure technicality”.

He argued that Suna Badjie was subjected to ill treatment and that the accused, Lieutenant Jallow fears been tried. He said it is now left to the authorities of court. 

But counsel Sissoho says he is surprised that the DPP is asking the court to bend the rules.

He also argued the court martial derived it powers from the Gambia Armed Forces Act, and hence, for the court to proceed with the trial would be an exercise in “futility”.

Sissoho had earlier on Tuesday argued that the panel should rescue themselves from the case since his client feels he would not get a fair hearing as far as the panelists are concerned.

Following a stand down for an hour, the President of the Court Martial Paul S. Gomez said that depending on the criticality of case the court would adjourned the matter until Tuesday, 5 February, 2013.