The Daily Observer (Banjul)
Sanna Jawara & Musa Ndow
1 July 2008
Christopher Badjie, an alleged escapist from lawful custody in the U.S., who was facing 22 counts of criminal offences at the Banjul Magistrates Court, was on Wednesday, re-arrested by personnel of the National Intelligence Agency, shortly after his discharge and acquittal by Principal Magistrate BY Camara.
Christopher Badjie's acquittal followed the director of Public Prosecution (DPP), Emmanuel Fagbenle's application for discontinuation of the case at the court. The DPP backed up his application by heavily relying on Section 85 of the 1997 Constitution and Section 68 (1) of the Criminal Procedure Code (CPC), as well as other legal authorities.
In his ruling, Principal Magistrate Camara said he had listened to the two witnesses in the main trial itself and four witnesses and the accused himself in the voir dire. The evidence, he continued, showed that the case was "unmeritorious" so the court exercised its discretion by virtue of Section 68 (1) of the CPC and ordered that the accused be discharged and acquitted on all the 22 counts.
Antouman Gaye, the counsel for Christopher Badjie, reacted to the re-arrest of his client, saying "it is rather unfortunate that courts can discharge and acquit people and the NIA have the power to arrest and keep them incommunicado, without [releasing] them beyond the reasonable 72 hours".
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