The hearing on the stay of proceedings appeal filed in by lawyer Ousainou Darboe on behalf of Femi Peters, yesterday, March 10th  continued at the  Special Criminal Court in Banjul.

Femi Peters is standing trial on two counts of control of procession and loudspeaker, contrary to the Public Order Act, laws of The Gambia. At the sitting, lawyer Darboe pointed out the need to move the motion filed for a stay proceedings at the subordinate court, saying that the motion was an application. Buba Bojang, state counsel, told the court that DPP Richard Chenge is currently out of the  jurisdiction and that his deputy, Mikailu Abdulai, who could have responded to the application was ill.

Lawyer Darboe further hinted that the application was filed since December 2009 and insisted on proceeding with  his motion. Lawyer Darboe  further submitted that the lower court is ignoring the superior court despite the magistrates being served with both the  notice and  the application.

Justice Richards remarked that it is a practice in the jurisdiction that when an application is filed at the superior court the lower court should stop proceedings. Commenting on the matter, Justice Moses Richards said if Darboe move the application now the court would be bound to give the state time to respond.

He then urged state counsel Buba Bojang to instruct the DDPP Mikailu Abdulai to transmit  to the  lower court that there is an application for a stay of proceeding on the case at the Special Court and for the said court  to stay its proceedings. The matter is adjourned to the 16th of March as the last chance  for both parties to move their  application.