The Deputy Director of Public Prosecution, Abdul Maita Yusuf, has requested for the courtroom to present them extra time to allow them file an indictment towards the eight alleged coup plotters
The accused individuals on this case are Sanna Fadera (alleged ring chief), Gibril Darboe, Ebrima Sano, Ebrima Baldeh, Omar Colley, Baboucar Njie, Barra Touray and Lamin Jadama (at massive). They had been charged with treason and conspiracy on the Justice of the Peace’s courtroom in Banjul however the case was transferred to the excessive courtroom for lack of powers to listen to treason expenses. They appeared earlier than Justice Basiru V.P. Mahoney, a Court docket of Enchantment Choose sitting as a Excessive Court docket Choose on Wednesday for the primary time, however usually are not but charged on the excessive courtroom.
Abdul Maita Yusuf (AM Yusuf) who appeared for the State knowledgeable the Court docket that they’re but to file a invoice of indictment with respect to the case. He acknowledged that the case was transferred from the Justice of the Peace’s courtroom in Banjul and submitted that by advantage of Follow Directive One in every of 2013, a transferred case to the excessive courtroom requires a recent invoice of indictment. He defined that the accused individuals should be made to take their plea to the invoice of indictment. What Yusuf wished to elucidate right here is {that a} cost sheet from a Justice of the Peace’s courtroom needs to be changed with a invoice of indictment and the accused individuals shall be known as upon to take their plea.
Within the on the spot case, the method earlier than the courtroom is the cost sheet from a Justice of the Peace’s courtroom.
“We’re to file a invoice of indictment in order to adjust to the process of the Excessive Court docket.”
Yusuf added: “Taking into consideration that the case is coming for the primary time, we’d indulge the courtroom to permit us time to file the invoice of indictment earlier than the subsequent adjourned date.”
The Senior Lawyer additional submitted that the case wouldn’t be capable to proceed owing to the truth that two of the accused individuals weren’t with authorized illustration as required by regulation. He burdened that expenses of such nature require authorized illustration and subsequently if they can not afford or get a lawyer on their very own, the courtroom could make an order for the Nationwide Company for Authorized Support (NALA) to symbolize them.
Lawyer Lamin S. Camara who represented Sanna Fadera (alleged ring chief) and Ebrima Baldeh, knowledgeable the courtroom that he had considerations to precise relating to the appliance by the State with respect to his two purchasers. He identified that they had been detained since December 2022 and within the coming three days, they might have been one month in detention. He stated they had been detained in numerous army barracks till the sixth of January after they had been arraigned earlier than the Banjul Justice of the Peace’s Court docket and had been charged and remanded.
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“It’s not an excuse that these persons are coming for the primary time immediately,” Camara stated. He submitted that the cost sheet comprises the identify of 1 Lamin Jadama who’s at massive, and emphasised that he can’t be tried in absentia.
“We would like the State to place their home so as instantly in order that we proceed to trial,” Camara stated. He stated his purchasers ought to get pleasure from their proper to a speedy trial inside an inexpensive time. He identified that his purchasers have been in detention for nearly one month with no cost. The opposite defence legal professionals all related themselves with Lawyer Camara’s submissions. Justice Mahoney in his ruling granted the appliance by AM Yusuf. He ordered that the case ought to be heard expeditiously as he commanded the State to file the indictment on or earlier than Monday subsequent week. He additionally ordered the State to make sure that the invoice of indictment is served on all of the accused individuals on or earlier than Tuesday subsequent week. He adjourned the case to Wednesday, twenty fifth January 2023 at 1 pm for listening to. Bakary Njie and Barra Touray indicated that they’ll be capable to get legal professionals earlier than the subsequent
