The deputy director of public prosecution, Mikailu Abdulahi, has urged the Special Criminal Court in Banjul, presided over by Justice Moses Richards to dismiss the application filed by the legal counsel for one Christopher Badjie with substantial cost paid to the state.

Abdulahi made this submission yesterday, September 1, 2009 in a motion filed before the said court asking the court not to allow the state to move its certiorari application. It could be recalled that the said Christopher Badjie was arraigned before the Banjul Magistrates Court on criminal charges of money laundering, but was eventually acquitted and discharged by the then presiding magistrate, B.Y Camara on 25th June 2008. The state then filed a motion by way of certiorari before the High Court in Banjul.

At yesterday's sitting, Lawyer Antouman Gaye, who led the applicant's team, submitted that the application filed by the state for certiorari should not be granted noting that the state had failed to make full and frank disclosures of all the material facts about the case. Lawyer Gaye urged the Special Criminal Court to strike out the certorari application filed by the state for their failure to comply with the court processes.

In his reply, DDPP Mikailu Abdulahi said that the state filed an 11 paragraph affidavit, deposed to by one Abdourahman Bah of the A.G Chambers, opposing the application filed on behalf of Christopher Badjie by Lawyer Gaye and stated that this was duly filed within the time allowed by the court presided over by Justice Yemoah.  

He submitted that a clear perusal of the order of the High Court did not stipulate that the state should serve the applicant. The DDPP said from the practice of this jurisdiction, it is the duty of the master and registrar of the High Court through the process server to effect service on parties but not the state.  He further submitted that the state has filed a motion on notice by the proper course  of the extended time. The case was adjourned to October 8, 2009 for ruling by Justice Moses Richards.