Nicholas Bass
Magistrate Fatoumatta J. Darboe of Brikama Magistrates’ CourtThursday threatened to strike out the case pressed against the Chief Executive Officer of Kerr Fatou and Co. for lack of due diligence.
This followed the absence of a private prosecuting Lawyer Malick HB. Jallow in the ongoing unauthorized case pressed against Kerr Fatou.
When the case was called last Thursday for the hearing of the testimony of the third prosecution witness (pw3) the prosecuting private lawyer Malick HB Jallow for Samsudeen Phatey was absent in court to present his witness before the court to validate his client’s allegations filed against CEO Fatou Touray and Fatoumatta Drammeh of Paradise Television.
Lawyer Abdul A. Bensouda appearing for the accused recalled that the case resumed on 13 June 2023 before Magistrate Darboe after several setbacks before Magistrate Peter Adoh Che after his change of posting at provincial parts of the country.
He deduced that on 20 November 2023 when the matter was called to commence the hearing of the testimony of the third prosecution witness (pw3) the plaintiff’s lawyer Malick HB. Jallow told the court that he had a capital case he had to attend to at the High Court, stressing that the matter was adjourned at the instance of lawyer Jallow.
Défense lawyer Bensouda argued that it appeared to be that private prosecutor Jallow was not ready to expedite the case, noting that since the case started within a span of one year to two months only two prosecution witnesses (pw) were called to testify.
He claimed that his clients diligently attended the court sessions.
Magistrate Darboe at that juncture awarded a cost of D5, 000 against the private prosecutor Jallow due to his inconsistent appearance.
He continued to say that lawyer Jallow should take the privilege with a great sense of duty to promptly execute his obligations with the court’s available resources.
Defense lawyer Bensouda deduced that lawyer Jallow failed to communicate to the court, stressing that Lawyer Jallow’s failure to communicate to him and the court was an ill-professional standard.
Lawyer Bensouda applied to the court for the case to be struck out and pleaded with the court for his clients to be acquitted and discharged.
The presiding Magistrate Darboe said that she agreed with the accused’s lawyer, noting that she shall adjourn the matter in the interest of a fair hearing to enable Lawyer Jallow to secure his witness before the next adjournment day.
Magistrate Darboe also warned that it should be the final adjournment to proceed with the matter.
”However, if the status quo remains the same on the next adjournment date this matter shall be struck out without further indulgence”, Magistrate Darboe warned.
It could be recalled that CEO Fatou Touray and FatoumattaDrammeh stand accused of unauthorized publication of proceedings at the Children’s Court contrary to section 73(1) and is punishable under section 73 (2) of the Children’s Act 2005.
