By Nicholas Bass
The complainant, Samsudeen Phatey who filed a charge of unauthorized publication case against the CEO of Kerr Fatou, Fatou Touray, and Fatoumatta Drammeh of Paradise Television on Wednesday failed to appear before Magistrate Peter Ado Che of the Brikama.
The lead counsel Abdoul Aziz Bensouda for the accused persons was present but Counsel Malick HB. Jallow for the complainant, Samsudeen Phatey was absent without communicating with the presiding Magistrate Peter Ado Che.
Mr. Phatey, the complainant and the second prosecution witness, and his counsel were both absent during the virtual meeting without communicating with the court.
Counsel for the accused persons, Lawyer Aziz Bensouda who expressed dismay applied for an adjournment and pleaded with the court to order Mr. Phatey to appear in court through the virtual image.
The presiding Magistrate in response to counsel Bensouda’s application described the act of the defence absent as “a breach of contract” and therefore ordered Mr. Phatey to appear in court through virtual image or his testimony will be expunged.
According to the history of the case, the CEO of Kerr Fatou, Fatou Touray, and Fatoumatta Drammeh sometime between January and February last year published the matter of Samsudeen Phatey versus Neneh J. Thompson pending before the Brikama Children’s Court and thereby committed an offence.