A High Court Judge in Banjul on Monday ordered the judicial secretary to produce the autopsy report on the death of Ousman ‘Koro’ Ceesay, the late junta Minister of Finance while dismissed the application for the production of Edward Singhatey’s TRRC evidence by the executive director
In his half an hour ruling, the trial judge went through the arguments of both parties and their citation and upheld that he has listened with great interest.
For the proper determination of the substantive application, there are two issues which are as follows, whether the judicial secretary is in possession of the docket of coroner of Brikama in the West Coast Region in relation to the death of Ousman ‘Koro’ Ceesay in the year 1995.
And whether the tendering into evidence before the court the official transcripts of oral testimony and written statements of Edward Singhatey in connection to the death of Ousman ‘Koro’ Ceesay tendered and marked as an exhibit in the proceedings of the Truth Commission be admissible in evidence before the court without calling Edward Singhatey as a witness in this case.
With regards to the first issue as to whether the Judicial Secretary is in possession of the file docket of Coroner of Brikama in the West Coast Region, in relation to the death of Ousman Koro Ceesay in the year 1995, Justice Jaiteh said it is fundamental in determination before this Honourable Court.
Justice Jaiteh further cited several sections of the law including the Coroner Inquest Act which he concurred with the defence before handing down his ruling.
Justice Jaiteh upheld that from the foregoing reasons and considering the fact that record of proceedings of all Coroners in The Gambia are lodged with the Chief Justice with his or her functions, he therefore reached the conclusion that the judicial secretary should be in possession of the file docket of Coroner of Brikama in the West Coast Region in relation to the death of ‘Koro’ Ceesay in the year 1995 and consequently resolve the first issue in favour of the defence.
With regards to the second issue as to whether the tendering into evidence before the court, the official transcripts of oral testimony or the written statement in connection to the death of Ousman ‘Koro’ Ceesay, Justice Jaiteh observed that by granting the second prayer whilst the prosecution would not be able to cross-examine Mr Singhatey on the said documents, in his view would be grossly prejudicial to the prosecution and may render this trial a nullity which he said the court would not tolerate.
Meanwhile the defence made another application for the intended witness to testify through a virtual hearing process since the witnesses intended to be called as defence witness are all out of the jurisdiction.
Case resumes tomorrow for prosecution to response.
