Thursday, October 21, 2010

Peters Trial: Defence Counsel’s Judgment Arrest Appeal Granted

Banjul, The Gambia (TNBES) Principal Magistrate Kayode of the Kanifing Magistrates’ Court granted the application of the defence counsel of the UDP Campaign Manager,  Femi Peters for the judgment to be deferred.
The case was set for judgment on Friday 19th March 2010, however, Lawyer Darboe’s submitted a summon of notice for the arrest of judgment.
When the case was called, Defence counsel Darboe stood up and told the court that he filed a summon of notice for the arrest of judgment.

However, the Prosecutor, Inspector Fadera objected to the submission on the grounds that he was not served with the notice, adding that he would like to take a look. He was later served with a notice.

Lawyer Darboe told the Court that the summon for the arrest of judgment and the motion was substantial for all the parties involved in the case. He argued that the accused was pushed in a tied corner for him to open
his defence or go to jail.

Darboe submitted that the accused has the right to address the court on the event of the prosecution witnesses.

He added that the substantial justice demands that judgment should be arrested. “The accused has to take tight decisions not to open his defence because of the situation he was put under,” Darboe said.

In response, the Prosecutor argued that page five of the Criminal Procedure Code (CPC) stated that judgment can only be arrested when the court lacks the jurisdiction. He also argued that page seven of the CPC is
applicable only at the Supreme Court.

Our reporter said the presiding Magistrate could be seen rushing to his Chambers at this point to write his ruling and when he returned he delivered the ruling in favour of the defence counsel.

The UDP Campaign Manager, Femi Peters is standing trial on Two Counts of control of procession and using a loud-speaker at a rally held at Ebony Junction, Serrekunda Central without a permit from the IGP.

The case has been adjourned till March 26, 2010. Vol:2 Issn:141

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