FOROYAA Newspaper (Serrekunda)
Fabakary B. Ceesay
6 November 2009
Mrs. Nebu B. Jones, the State Counsel in the Babylon arson case at the Banjul High Court on Monday 2nd November submitted the State's reply to the preliminary objection raised by the defence counsel in the case against the State's application for a stay of proceedings in the case.
Submitting her reply before Special Criminal Division Judge, Justice Mosses Richards, Mrs. Jones reminded the Court of 23rd September, when the defence counsel Mr. Antouman Gaye, raised a preliminary objection to the motion filed by the State before the court. Mrs. Jones said Counsel Gaye had referred the Court to two affidavits filed by the State supported by the motion. Mrs. Jones indicated that Counsel Gaye had argued that paragraph two of the State's motion was completely "Misleading" as the Court had never sat on 1st March 2009, and that there had never been an application before the Court.
Mr. Jones stated that Mr. Gaye had referred to the State's affidavit as "worthless, irresponsible, incomplete and distorted". Mrs. Jones argued that the content of paragraph two of the State's affidavit is a "Mere cynical and typographic error"
At this point defence Counsel Gaye objected and argued that State counsel should only reply on points of law, instead of going into other matters.
Mrs. Jones insisted that she had never made any reply in the case. Justice Richards asked her to continue. Mrs. Jones pointed out that the good faith of the State is not in doubt in affirming to the motion. She argued that there has never been any intention by the State to mislead the Court. She stated that the error on the State's motion is just a slip.
She posited that on the face of the motion paper itself it bears the date 9 September, which she said is the relevant date of the ruling in question. Mrs. Jones recalled that before the State filed the motion for stay of proceeding, there was only one application in the case which is the bail issue and there was only one preliminary objection by the State dated 9th September 2009.
Mrs. Jones said, "It is manifestly clear that in these surrounding circumstances, the notice of appeal and the bail application," that the despondent Mr. Abdurrahman Bah was referring to dated 9th September 2009.
She referred the Court to the appeal case of Omar Manjang of the Gambia Court of Appeal. Mrs. Jones argued that defence counsel should have raised an observation rather than an objection. She added that counsel Gaye fully knows that there was no other ruling before the Court on that date, (1 March 2009). She said, "Counsel's argument that the State intended to mislead the Court, it is in deed counsel who has raised this preliminary objection as a move to mislead the Court to arrive at a wrong decision, after knowingly full well the entire circumstances in the case. The counsel should assist and not to leave the Court to make a wrong decision, but the counsel for the applicants did mislead the Court".
Defence Counsel Gaye rose up and said, "My Lord I'm objecting to that in the strongest possible term. She must withdraw that statement, because there was no where that the defence intended to mislead the Court or stating those words. Those things that she has been saying has never been stated any where".
Mrs. Jones, said, "Okay I withdraw my statement, but on that day I was not in Court, someone took notes and these are the words that I came across to in the notes. I'm sorry if that is not so". She further told the Court that the State has filed a "further and better" affidavit in support of their motion. She added that the only change on the new one is only the dates. She urged the Court to admit the State's application for stay of proceedings in the case.
Defence Counsel Gaye stated that the Court is there to observe and apply strict laws on such as cynical and typographic errors. He said, "This is a significant error". Mr. Gaye indicated that for the State to file what they call "further and better" affidavit which is intended to over ride the defence's preliminary objective without any notice to the Court is like committing a "Cardinal Sin". Gaye urged the Court to uphold the defence's preliminary objection and not to see the State's further and better affidavit.
Mrs. Jones stood again and argued that the Court is a place of justice. She said Mr. Gaye has reminded her some thing that she has forgotten. Mr. Gaye interjected as she attempted to make an application. Gaye argued that Mrs. Jones cannot make any application as she had finished her submissions. He added that the matter should be left with the Court to decide.
Mrs. Jones wanted to argue further, but Justice Richards ruled that she had finished with her submission and should allow Gaye to make his submissions. He later adjourned the case for ruling on the arguments submitted by the State and defence. He adjourned it to an unmentioned date. Justice Richards told parties that he would let them know the date, and ordered the Court clerk to leave the case file with him.
Readers would recall that nearly a hundred men were arrested in connection with the arson attack on Babylon village, in Kombo North, in late March 2008. The number gradually reduced to twenty eight men due to some been discharged by the Court while two died. They were first remanded by the Court, granted bail later later, only to be revoked and sent back to remand.
While they were on their first bail, one die and another die while in remand almost three months ago. The twenty eight men are standing trial at the Brikama Magistrates' Court on different charges including arson, willful damage to property and conspiracy. They came to the High Court for bail application. The majority of the 28 men are from Lamin Kerewan and Makumbaya Village.
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