State vs Sainabou & Co: Defense Objects To Calling Clients ‘Accused Persons’

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By: Ousman Saidykhan

Defense counsel, Sagarr Jahateh has objected to the calling of her clients “the accused persons” in the ongoing case of the Inspector General of Police (IGP) vs Sainabou Mbaye and two others at the Banjul High Court, saying they are just applicants.

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“My Lord, I will not agree with that. We do not have any accused persons before this court,” defense counsel Jahateh said, replying to Justice Jaiteh, who said to her, “no, let’s say the accused persons” after introducing herself as representative of the applicant.

“It is okay. We have a transfer file. You have made an application; you understand? So that is why we are dealing with the first part of it,” Jaiteh told her.

The defense argued that the remand order made by the Magistrate has expired because the case is now before the High Court.

Sagarr continued that her clients are not accused persons because there is no case from the IGP.

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“The fact of the matter is we are here for the original summon which is the application that you have made. We only have applicants here; we don’t have accused persons here.

“We have not received any indictment and there are no charges against the accused persons. So, therefore, I will take objections to the announcement of this case as IGP vs the accused persons,” defense counsel, Jahateh said, adding that: “I don’t even think my lord has the power to further remand them any further in Mile 2 prison.”

The counsel for the prosecution, M.B Sowe rose to tell the court he was surprised to have heard the defense counsel say the court lacks jurisdiction and the State cannot appear in the case, citing section 62 of the Criminal Procedure Code.

“So far as it’s transferred from a court that did not have the jurisdiction to this honourable court, sections 62 makes it clear that a charge that was previously before the Magistrate Court and that is before this court could both be treated for all intents and purposes,” the prosecution submitted.

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The case was adjourned to 9th August 2022.

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