Justice Emmanuel Amadi of the High Court in Banjul has warned that he would strike out the criminal case involving the state against ex-IGP Ensa Badjie, Mam Matarr Secka and Kuluteh Manneh if the prosecution fails to proceed with the hearing of the case on the next adjourned date.

Justice Amadi issued this warning yesterday, Tuesday, 6th of July 2010 after the prosecution failed to proceed with the case, which subsequently prompted him to adjourn it to next month (August).It could be recalled that the accused persons, Ensa Badjie, Mam Matarr Secka and Kuluteh Manneh are standing trial on 51 counts indictment ranging from conspiracy to commit felony, conspiracy to commit seditious act, sedition, abuse of office, official corruption, stealing by clerk or servant, and economic crimes among others.

The trial, which started on a sound footing two months ago when the first prosecution witness, Sillaba Samateh gave his evidence before the court and was cross-examined by defence counsel, Borry Touray, came to an abrupt halt when it was reported that the prosecution witness, Sillaba Samateh was nowhere to be found.

After some adjournments, the court was of the view that the prosecution should call another witness to ensure the speedy hearing of the trial, but to no avail. Senior state counsel, Maitaima Abdurahman Yusuf informed the court yesterday that the prosecution counsel, M.B. Abubacarr, who is handling the case has travelled out of the jurisdiction for official mission and craved the court’s indulgence to grant his application for an adjournment for three weeks.

In his response, defence counsel, Borry Touray submitted that the case has suffered series of adjournments and is unacceptable.He reminded the court that the DPP, Richard Chenge had informed the said court that he would personally conduct the case.
"The DPP is conducting this case with his deputy, Mikailu Abdulahi and both of them are in the jurisdiction," he added.

Lawyer Touray recalled that when the last state prosecutor, M.B Abubacarr came before the court on the last adjourned date, he stated that he has very limited knowledge about the case and that the file was handed over to him by the DPP.Touray lamented the fact that the said ex-IGP's cases have taken his other work to ransom.

He pointed out that it is neither fair for the accused persons nor himself to be treated in a contemptuous manner, noting that the state is making the defence counsel inconsequential.He further reminded the court of Chief Justice Emmanuel Agim's directive that the case was among those that should be given priority in the court.

At that juncture, the presiding judge, Justice Amadi disclosed that had he known the case would not proceed that day; he wouldn't have bothered to come to court.He lamented that the case has been lame; noting that the last time it proceeded was on 17 June, 2010.

At this juncture, Lawyer L.K. Mboge, the defence counsel for the third accused, Kuluteh Manneh walked into the court and announced his appearance. Without wasting time he told the court that there are several lawyers at the Attorney General’s Chambers.
He added that the AG Chambers was the personal office of MB Abubacarr.

Lawyer Mboge then asked if senior state counsel, MA Yusuf is not competent enough to handle the case.Justice Amadi then asked Yusuf if he could handle the case. Yusuf replied that he has many cases he is handling, and urged the court to adjourn the case to three weeks from yesterday. He claimed he was not aware of any directive given by the chief justice that the case be heard on fast track.

Lawyer Mboge pointed out that the accused persons would be languishing in jail for the next three weeks, for the simple reason that one state counsel has travelled out of the jurisdiction.He then urged the court to call on the prosecution to proceed with the case in the interest of justice.

Justice Amadi noted that it would be unfair for the case to be moribund for three weeks, and disclosed that his plan is to finish it as early as possible. He then adjourned the case to the 4th, 5th, 6th, 9th and 10th of August 2010.He however warned that if on the next adjourned date the prosecution fails to proceed, he would have no option but to strike out the case.