By: Nicholas Bass
Magistrate M.L Thomasi of the Banjul Magistrates’ Court on 28 October 2024, granted the application of YankubaDarboe’s lawyers L.S Camara and K. Jallow for a stay of proceedings in his case, pending the hearing and determination of Darboe’s appeal at the Court of Appeals.
Magistrate M.L. Thomasi said that the ruling was premised on the motion on notice filed by Darboe’s defenselawyers dated 14 August 2024.
According to magistrate Thomasi, the said motion was supported by a 20-paragraph affidavit which was deposed to by one Isatou Ceesay, a resident of Bakoteh.
He stated that the prosecution, led by Commissioner Abdoulie Sanneh, also filed a 13 paragraph affidavit, which was deposed to by one Malang Jarju ,a deputy commissioner of prosecution, dated 17 September 2024 ,to which the court adopted the briefs and arguments on 20 September 2024.
The presiding magistrate in his ruling said that the notice of appeal marked as I.C1 filed on 25 July 2024 with G.C.A 002/2024 was “timeously” before the Court of Appeals.
He also said that Banjul Magistrates’ Court did not hold Yankuba Darboe’s notice of appeal to be incompetent since it was not within its purview to do so .
He further stated that the decision of the High Court by Justice G.A Kwabeng if read in “ intern dem” with the mischief rule will differ when read “intern dem” with the golden or literal rule.
”Apparently, the case before this court is now ceased before the Court of Appeals which is higher in hearable than the High Court order not to engage in more academic exercise and for the fact that the prosecution is not being prejudge this court is bond to wait the decision of the Court of Appeal emanating from the High Court which emanated from the Magistrate Court,” magistrate Thomasi said.
The magistrate said that the ruling of the High Court dated 11 July 2024 was to be determined by the Court of Appeals in order for the magistrate to abide by the said ruling.
”The continuation of the hearing of the I.G.P VS. YankubaDarboe BMC/CC/021/2021, is hereby stayed with the same term and condition, as per the conditions of bail of the accused in respect of the sureties,” magistrate Thomasi ruled.