Justice Emmanuel Amadi of the High Court in Banjul has warned that he would close the evidence of one Mamout Ceesay, a complainant in the gold dust robbery case, on the 4th of October 2010, if the defence fails to cross examine him on the adjourned date.

Justice Amadi issued this warning last Thursday during the criminal trial of five accused persons charged with two counts of conspiracy to rob and robbery with actual violence, contrary to the laws of The Gambia. The particulars stated that the accused persons:Amadou Bailo Camara, Mankumang Sanneh, Mamadi Sowe, Sgt. Balla Musa Saidy and Sgt. Modou Lamin Bah, on the 23rd of May 2008 at Kerr Serign, conspired and with actual violence robbed one Mamout Ceesay, a businessman, of the sum of 14, 000 and D5, 530 Euros.

On the last adjourned date, the presiding judge, Justice Amadi, ordered that a voire dire (trial within trial) be conducted after defence counsel Borry Touray indicated that the cautionary statement of the 3rd accused, Mamadi Sowe, was obtained under durest. As the court intended to commence the hearing of the voire dire, the prosecution, led by SH Barkum, announced the presence of the complainant before the court.

It could be recalled that the complainant, Mamout Ceesay (PW1) gave evidence before the court, but was never cross-examined by the defence after it was reported that the said Mamout Ceesay had absconded the jurisdiction. The defence then applied for the evidence of the witness, Mamout Ceesay, to be expunged from the case file. However, during Thursday's  sitting, when SH Barkun informed the court of the presence of the complainant, the defence team, comprising Borry Touray and Hassan Martins, were taken aback.

Lawyer Touray however informed the court that he could not proceed cross examining the witness, as the prosecution did not issue any notice to him that the witness was coming to court.Borry Touray further informed the court that he had not read the evidence of the witness, which  he gave in March 2010. The defence therefore craved the indulgence of the court to give them time to read the evidence of the witness, before they could cross examine him.

At that point, Justice Amadi pointed that the court would give the case utmost attention on the next adjourned date, urging the witness, Mamout Ceesay, to appear before the court on the next adjourned date. The judge further pointed out that in the interest of justice, the defence would be given all the time to cross examine the witness but failure to do so would result to the closure of the cross examination of PW1, and the court would proceed to hear the voire dire on the 3rd accused, Mamadi Sowe’s cautionary statement. Hearing continues on the 4th of October 2010.