The trial of Magistrate Mambanyick Njie, former Permanent Secretary, Ministry of Youth and Sports, for false information was adjourned yesterday till the resumption of Magistrate Secka.
Senior counsel for the defence, Mr Antouman Gaye was not pleased with the interchanging of magistrates and applied under Section 287 of the Criminal Procedure Code to put a stop to this.
Magistrate Momodou M.S. Jallow who heard the application gave the defence the option of either continuing with the case or waiting for the resumption of Magistrate Secka.
When the matter was called for continuation of hearing, senior counsel Antouman Gaye submitted that as an Officer of the Court he has a responsibility to bring certain provisions of the law to the attention of the Court on grounds that this case is being handled by three magistrates, namely the former Magistrate Alagbe, Magistrate Baboucarr Secka and now Magistrate Momodou M.S Jallow of the Banjul Magistrates' Court.
The defence counsel cited section 287 of the Criminal Procedure Code to back his argument regarding the sittings on the matter. He added that he would therefore reserve the continuation of cross examination of PW2.
Police prosecutor Sergeant Manga argued that there were no cogent and compelling reasons for the matter to be adjourned.
Magistrate Jallow finally gave the prerogative to the defence to either proceed with the matter or await the resumption of Magistrate Secka.
The case was finally adjourned to 17 January, 2013 for Magistrate Secka to re-handle the matter.