By Nicholas Bass
The lead defense lawyer, Lamin S. Camara, for Brikama Area Council (BAC) Chairperson, Yankuba Darboe has filed a motion for a stay of proceedings before Banjul Magistrates’ Court pending the hearing and determination of the appeal at The Gambia Court of Appeal.
It could be recalled that Yankuba Darboe sometime in February 2021 was charged with two counts of sedition and contempt of court and now standing trial before Magistrate M.L Thomasi of the Banjul Magistrates’ Court.
On 17th August 2023, Magistrate Thomasi, ruled that the no case-to-answer was solely based on sedition contrary to Section 52 (1)(B) of the Criminal Code thereby failing to substantiate its submission on contempt of court charges contrary to Section 106 (D) (I) of the Criminal Code.
However, when the matter was called on Thursday, 12th September 2024 the lead defense lawyer for the accused, Yankuba Darboe, said the matter was supposed to be for the defense, his client, but he has filed a motion dated 12 August 2024.
”The motion is yet to be given a return date,” lead defenselawyer L.S. Camara stated.
In response to the defense lawyer, the lead prosecution Officer, Commissioner Abdoulie Sanneh said the prosecution would not file anything.
But the presiding Magistrate Thomasi told the prosecution Officer that they should not hold the court at reason without communicating to the court that they will not file anything.
With humility to the court, Commissioner Sanneh reversed his initial decision before agreeing to file an affidavit in opposition to the defense lawyer’s motion.
At that juncture, Magistrate Thomasi said ”The, said, motion dated 12 August 2024 and filed on 14 August 2024 is before the court, the return date is 12 September 2024”.
”The prosecution is to file its process in respect of the motion and notice file supported by an affidavit on or before Tuesday 17 September 2024 to be served on defense counsel two clear days before an adjournment date of Friday 20 September 2024 at 10:30 am for hearing”, Magistrate Thomasi said.
