FOROYAA Newspaper (Serrekunda)
Fabakary B. Ceesay
6 July 2009
Justice Joseph Wowo of the Banjul High Court on Tuesday 23rd June, overruled against the preliminary objections filed by the Juju Trio, Osseh Corr, Alassan Mbowe and Baboucarr Njie, in opposition to the state's motions of appeal of the High Court for a stay of execution of the judgment on the order of the Banjul Magistrates' Court. The trio were standing trial at the Banjul Magistrates' court on three counts, of "juju Criminal Activities" and were eventually acquitted and discharged by Principal Magistrate E.F Mbai. But the trio are still in state custody since the judgment was delivered on 25 March 2009.
In delivering the ruling on the arguments forwarded by both the state and the defendants, Justice Wowo said the state has filed in their application of motion for stay of execution of the judgment on the order from Banjul Magistrates' Court, on 30th March 2009. He also said the respondent (defendant) has submitted their objections to the states' application on 19th March 2009. Justice Wowo said, the respondents argued on the points that the High Court lacks jurisdiction to entertain the matter and that the state's application had not taken the proper procedure.
Justice Wowo stated that the state responded that their motion was in a proper way as far as it was written in a form of petition. He added that the state counsel DPP Chenge cited the Black Dictionary Law book and defined the petition to the court and in which form it should be prepared. He stated that the leading defence counsel Mr. Pap Cheyasin Secka also replied to the state's arguments on points of law. Justice Wowo said he has listened carefully to both the applicant and the respondent's applications. He argued that the court should first have a jurisdiction over the matter before it could preside over it. Justice Wowo said, "It is in this view that the court has a jurisdiction to entertain the matter. I did not see myself on a neutral ground that the motion of appeal is not correct as confided in section 275 of the Criminal Code,' he said.
The respondent's preliminary objection to the application is dismissed for lack of merits".
The case was then adjourned for a motion to be filed by the respondent (defendant).
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