Justice Moses Richards of the Special Criminal Court in Banjul has disclosed that the Special Court would hear the application of certiorari filed by the state against one Christopher Badjie.

Justice Richards made this disclosure yesterday when the Special Criminal Court judge delivered a ruling on the preliminary objection filed by Lawyer Antouman Gaye on behalf of his client, for the court to set aside the exparte order issued by Justice M Yemoa of the High Court on the grounds that the motion filed by the state was not filed on time. The said Christopher Badjie was acquitted and discharged by the then Magistrate BY Camara of the Banjul Magistrates Court on charges of money laundering after a duly signed nolli prosecui was filed at the same Magistrates Court.

The state filed an exparte application before Justice Yamoa for leave to file an application for an order to file certiorari to quash the decision of the ruling delivered by the Banjul Magistrates Court. Justice Yemoa granted an exparte order, freezing the accounts of the accused in all the affected banks.

Lawyer A B. Gaye filed a preliminary objection before the Special Court to set aside the exparte order issued by Justice Yemoa on the grounds that it was not filed on time. Lawyer Gaye also filed a motion to set aside an exparte order granted by Justice Wowo restraining the accused from parading himself within the vicinity of the banks in which his funds were frozen.

The preliminary objection was argued and in his considered ruling delivered by Justice Moses Richards yesterday, the Special Court held that the application for certiorari filed by the state was on time and that the failure to serve the application to the accused person should not be visited on the state because service of court processes is an internal affair of the court to be effected by the office of the master and registrar of the High Court, through the process server.

Moreover, from the wording of the exparte order issued by Justice Yemoa, counsel-to-counsel service was prescribed. Justice Moses Richards therefore ordered that the accused could conduct business with any financial institutions in the country as long as it does not affect his frozen account and funds there in.