Presiding Magistrate Moses Richards of the Kanifing Magistrates’ Court yesterday warned that if the prosecution failed to proceed with the criminal matter against Mustapha Leigh and Momodou Lamin Sonko, the proprietor of BOTO Construction, by the next adjourned date, the court would have no option but to discharge the accused persons.

The case, which resumed yesterday, could not proceed as the police prosecutor, Sgt. Jahateh, informed the court that the prosecutor handling the case was not in court, and that he had not been briefed about the case. Ever since the mention of the case in court, no prosecution witness has testified on the matter. According to Magistrate Richards this would be the last adjournment for the prosecution, after which the court would discharge the accused persons.

It could be recalled that Mustapha Leigh, former Director of Technical Services at the Department of State for Works and Construction and Momodou Lamin Sonko, the proprietor of Boto Construction company, were on July 2nd 2007 arraigned before Magistrate Moses Richards of the Kanifing Magistrates’ Court, charged variously with conspiracy to commit felony, stealing and abuse of office.

The particulars of offence in Count One read that in or about 2001, at the Department of State for Works in the city of Banjul, the accused persons conspired together to commit a felony with stealing.

Count Two states that in the year 2001 at Mansakonko in the Lower River Region, the two accused persons stole one bulldozer being the property of The Gambia government.

The last Count, referring to only the first accused, Mustapha Leigh, states that the accused Mustapha Leigh in the year 2001, being an employee of the Department of State for Works, allowed the use of a government caterpillar by one Momodou Lamin Sonko without proper authority as a public servant. The accused persons have both denied the charges.

The case was at length adjourned to 14th August 2007 for continuation.