Principal Magistrate Sheriff Tabally of the Kanifing Magistrates' Court on Monday pronounced that the court shall discharge Desna Faye, PW1 in the next adjourned date if the defence counsel,Moses Richards, fails to come and cross-examine the witness.
The presiding magistrate said this after going through the file of Musa B. Sanneh, an Operation Bulldozer officer who is standing trial on three counts of offences: abuse of office to corrupt practices and destroying of evidences, contrary to the Laws of The Gambia.
When the case was called, the magistrate enquired from the accused as to whether he heard from his counsel, in reply the accused told the court that he had tried to call his counsel but could not reach him on phone. However, the prosecuting officer, Chief Inspector Jammeh reminded the court that the defence counsel was fully aware of the date, and that his witness has always been present in court for cross-examination.
The presiding magistrate later told the court that the defence counsel would be obliged with this last adjournment and failure to come, the court shall discharge the witness.
The case was further adjourned to the 3rd December 2012 for cross-examination of PW1.