Court urged to expunge count one in Golf club, Journalist trial

The defence counsels in the criminal trial involving four members of the Fajara Golf Club and Sports Producer and Presenter for West Coast Radio, Bakary B. Baldeh are urging the Kanifing Municipal Court to struck-out Count One “Conspiracy to Commit Felony”.

When the case resume on Wednesday before Magistrate Sheriff B. Tabally, the defence referred the Court to the application filed by senior counsel Pap Cheyasin Secka during the previous sitting.

The application pointed out that count one is an incorporate offence and is part of Count Two “Incitement to Violence” which was expunged on March 31, 2011.

Defence counsel for Almamy Jagne and Bakary Njie (3^rd and 4^th accused persons), Kebba Sanyang, who was holding brief for Lamin L.S. Camara and Pap Cheyassin Secka counsels for the 1^st, 2^nd and 5^th accused persons (Lamin Drammeh, Lamin Tamba and Bakary B. Baldeh) respectively, demanded that count one be expunged and the accused discharged.  

He submitted that the said “count” contains in its particular of offence an “incitement of violence”, the same as the charge that was removed.

He argued that since count two has been struck-out there cannot be a conspiracy to commit the offence of incitement to violence. He added that following the ruling by the Court that the charge (count two) is not known to law, then the accused persons cannot conspire to commit such an offence.

According to Counsel Sanyang the crime of “conspiracy” should be limited to criminal offences only and not other offences, and reiterated that the Court should discharge the accused persons on Count One.

When he took his turn, Police Prosecutor Corporal 3560 Colley told the Court that following the application filed by Senior Counsel Pap Cheyasin Secka, the prosecution sent the charge to the Attorney General’s Chambers for legal advice.

He noted that they’ve not laid their hands on the document since and for this reason Prosecutor Colley applied for an adjournment.

However, defense counsel Kebba Sanyang objected to the application, arguing that the prosecutor’s stance is not tangible. This was the same reason put forward by the prosecution, leading to the adjournment of the trial during an April 28 proceeding, Sanyang said.

He adds that it is not fair for the accused persons to be coming and going every time without the case proceeding, and urged the court to give the prosecution a “very short” adjournment.

At this point, the presiding Magistrate granted the prosecution’s application for an adjournment, but warns that if the prosecution cannot proceed during the next adjourned date of May 16, 2011, he will deliver the ruling. Source - The voice