The criminal case involving the state and five judicial staff resumed at the Criminal Division of the Banjul High Court before Justice Moses Richards. The case was previously before the Banjul Magistrate's Court where it was adjourned indefinitely, because of an application made by the prosecution for time to be given to study the evidence before it.
On Monday 15th March, three out of the five accused persons appeared in Court, but did not take their plea. The charge sheet was not read to them.
The five accused persons are Alhagie L.S. Sonko, former Bailiff, Haruna Jaiteh, former Judicial secretary, Justice Saffiatou Njie, Justice Amina Saho Ceesay and Justice Ngiue Mboob Janneh. Justice Saffiatou Njie and Amina Saho Ceesay were absent in Court.
Lawyers Lamin S. Camara, Lamin A. Ceesay, Mrs. Gaye Coker and Mss Hajum Gaye appeared for accused persons Mr. Haruna Jaiteh and Justice Amina Saho Ceesay, whilst Lawyer Abdoulie Sissoho appeared for Justice Nguie Mboob Janneh. Accused person number one, Mr. Alhagie L.S Sonko told the Court that he was not served with the indictments and that his lawyer Borry S. Touray was not aware that the case was coming up that day.
Lawyer Camara told the court that his client, Justice Amina Saho Ceesay was indisposed because she was not feeling well. He assured the Court that she would be available by the next sitting date.
The Director of Public Prosecutions (DPP) Richard N. Chenge told the Court that the third accused person Justice Saffiatou Njie is not in the country. He said the only thing they can do is to extradite her to The Gambia or strike her name from the charge sheet.
Lawyer Camara argued that the DPP's idea of extraditing Justice Njie to face trial is pointless. Camara stated that Justice Njie is not a fugitive from the law, but instead was doing her studies when the case came up. He added that the only possibility is to drop her name from the charge sheet.
Camara also argued that the State did not serve them with all the regular exhibits in the case, adding that those are very vital in the case.
Justice Richards ruled that the DPP should endeavor to make sure that all proper documents are available to avoid delay in the trial. He urged the DPP to even bring witnesses by the next sitting date.
However, as Justice Richards was about to adjourn the case, DPP Chenge raised the issue of bail for the accused persons. Lawyer Camara argued that the accused persons have been granted bail by the Banjul Magistrate's Court on the same case. He added that the case at the subordinate Court is yet to be withdrawn, noting that their bail is still valid. Justice Richards ruled that the same bail conditions remain and urged the DPP to regularize the indictment and serve the defence with all necessary exhibits in the case.. He adjourned the case to 30th March 2010 for plea taking and if possible, to commence the trial.
Alhagie L.S Sonko, the former bailiff is charged with one count of "Neglect of official duty" contrary to Section 113 of the Criminal Code; two counts of "Stealing by public officer" contrary to section 245 and punishable under section 257 of the Criminal Code and one count of "Economic Crimes" contrary to section 5 (a) of the Economic Crimes (specified offences) Decree 1994.
Mr. Hurana Jaiteh, the former Judicial Secretary is charged with one count of "Aiding and abetting stealing by public servant," contrary to section 245 and 257 read together with section 23 of the Criminal Code, one count of "Forgery" contrary to section 322 of the Criminal Code and one count of "Economic Crimes" contrary to section 5 (a) of the Economic Crimes (Specified offences) Decree 1994.
Justice Saffiatou Njie is charged with one count of "Aiding and abetting stealing by public officer contrary to section 245 and 257 of the Criminal Code read together with section 23 of the Criminal Code and one count of "Economic Crimes" contrary to section 5 (a) of the Economic Crimes (Specified offences) Decree 1994.
Justice Amina Saho Ceesay is charged with one count of "Aiding and abetting stealing by public officer contrary to section 245 and 257 of the Criminal Code read together with section 23 of the Criminal Code and one count of "Economic Crimes" contrary to Section 5a of the Economic crimes (specific offences) Decree 1994.
Justice Nguie Mboob Janneh is charged with one count of Aiding and abetting stealing by public officer" contrary to section 245 and 257 of the Criminal Code read together with section 23 of the Criminal Code, and one count of "Economic Crimes contrary to section 5 (a) of the Economic Crimes (Specific Offences) Decree 1994.
All the particulars of offence states that the alleged offences were committed between 2005 and 2009, at the High Court premises in Banjul.
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