A team of defence counsel led by Sheriff Tambedou (counsel for the third accused person, Dominico Fedeli) have urged magistrate Kayode Olajubutu of Banjul Magistrates Court to discharge and acquit the three accused persons.
Lawyer Tambedou’s submission was backed by lawyer Lamin Camara, who is representing Lt Bakary Camara and Supt Manlafi Sanyang, the former head of Vehicles Control Unit at State House.
Tambedou urged the court to discharge and acquit his client due to what he described as lack of diligent prosecution. He told the court that the “prosecutor is absent in court and he is not aware of any reason forwarded for his absence, despite him knowing that the case was adjourned for today”.
“I therefore urge the court to exercise the powers vested on it by the Criminal Code Laws of The Gambia and discharge and acquit the accused person”, he said.
His co-defence counsel Camara informed the court of his intention to associate himself with the submissions of his colleague and urged the court to discharge and acquit the accused persons.
Corporal Lamin Badjie, who represented the prosecution officer, Inspector Touray, informed the court that the has been transferred to him and urged the court to adjourn the trial enable him familiarise himself with the file and consult witnesses.
Magistrate Olajubutu said the court has the powers to discharge an accused person if the prosecution is not willing to proceed with the case, saying the prosecution cannot keep a charge hanging on an accused person’s head.
He stressed that the prosecution should either proceed or discharge the accused. He therefore adjourned the case to today to give the prosecutor one more opportunity to show diligence.