FOROYAA Newspaper (Serrekunda)
Fabakary B. Ceesay
3 July 2009
Justice Joseph Wowo of the Banjul High Court, on Wednesday, 1st July, dismissed the application of the former parliamentarian, Musa Suso, for the court to order the prosecution at the Banjul Magistrates' court to provide them with the necessary documents and facilities to prepare their defence and for the trial magistrate to be prohibited from presiding over the case.
In delivering his ruling on the arguments filed by both the defence and the State, Justice Wowo said the defence counsel, Lamin Jobarteh, has on Thursday, 11 June, filed three affidavit motions of to the Court and relied on all of them.
He deliberated on all the facts adduced by the defence counsel when moving his motion of affidavits before the court.
Justice Wowo also summarised the response of the state by the Director of Public Prosecution (DPP), Richard N. Chenge, objecting to the defence's application. He said the DPP argued that what the defence counsel was requesting is not what the prosecution is using in the case, adding that he had read the sermons of notice by the defence and all the exhibits attached thereto. The High Court judge said he had carefully read both submissions of the applicant and the state and their replies on points of law.
Justice Wowo ruled thus; "I agreed with the DPP's submission and beg to disagree with the submission of defence counsel in this case with all clarify. This court is bound by the court of appeal and since there is a provision of appeal and so the applicant's notice of prohibition must be appealed. The sermon of notice of the applicant is incompetent and therefore dismissed."
Mr. Musa Suso, currently in incarceration on drug related charges, was a former APRC Parliamentarian for Kombo North constituency. He is also standing trial on four charges of giving false information to public officers contrary to Section 114 (A) of the Criminal Code before Magistrate Kayode H. Olajubutu of the Banjul Magistrates' Court.
Be the first to Write a Comment!
Copyright © 2009 FOROYAA Newspaper. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com).
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.
