6 women, 15 Others’trial to be redirect to Basse

Mafugi Ceesay

Justice EO Dada of the High Court has on Tuesday June 21, 2016 has referred the case file of the IsatouSaidy, LeleBojang, SukaiDahaba, KaddySamateh, FatoumataSarr, and Amie Touray of the 6 women  amongst the 15 other to the office of the Chief Justice for further redirection.

They have since pleaded not guilty to six counts of “Common nuisance”, “Incitement of violence”, “Idle and disorderly”, “Prohibition   of conduct conducive to the breach of peace”, and “Holding a procession without permit”

However, this came following an application from the director of public prosecution Saleh Hadi Barkun for the consolidation of the case file and the case file to be equally transferred to Basse for it be continuation to take place in that region.

However, it could be recalled that this said case was ongoing at the Kanifing Magistrate Court, before Magistrate Hillary Abeke until…

Sheriff Coumba Jobe, came up with up with information to court that the state has advised itself to have the trialof six women charged with common nuisance be heard at the High Court on 14 June, 2016.

Sheriff Coumba Jobe prosecuting for the State had earlier told the Kanifing Lower court that: “It is in the interest of the justice that the case will be heard at the predicament of the High Court where by the accused persons will be provided with adjudicate time and facility to prepare their defense which is alongside their constitutional right

Jobe explains that state have filed a bill of indictment before the High Court and is yet to receive any hearing notice.

 He noted   that whenever that is done they will come back to make a proper application for the case to be heard at the High Court. He applied for an adjournment.

Ms. Anna Njie, defending Lawyer at that point for the accused persons argue to the Kanifing Lower Court that they are now been informed by the state that they want to proceed with this matter at the High court.

She submitted that in that effort we have file an indictment before the High Court, it is clear that they cannot have two cases pending in two different courts and if the state is not ready to proceed with the matter before this court, the state should withdraw the matter.

 She further submitted that it is clear to the court that the Attorney General can always file a case to the High Court whenever it is pending at the Magistrate Court, in this present circumstance, she urged the court to refuse the application for adjournment until such time.

 Jobe, state counsel argued that defense counsel has not cited any law opposing their application.

 “There is no law that supports defenses application,   there is no law saying the proper thing to be done is to withdraw the case and they are minded of the consequence of withdrawing and for that matter they refused to take the recommendations made by defense counsels,” he said.

 Magistrate Hillary Abeke in his ruling ruled that: “the state application is   therefore accepted”

He added “I do not know how the High Court will operate on the bill of indictment, since I do not know I will not speculate on that as it is the duty of the court to withdraw the case”,