Willy Joof discharged

Magistrate Sagarr Jahateh of the Banjul Magistrates’ Court, yesterday discharged William Joof, former Permanent Secretary at the Department of State for Foreign Affairs.

Willy Joof, as widely called, was discharged, following the Prosecution’s failure to appear before the court on two adjournment dates. Mr Joof was standing trial on charges of official corruption.

Magistrate Jahateh handed down this verdict following the application by Lawyer Edu Gomez, for the accused person to be acquitted and discharged.

Magistrate Jahateh said the Prosecution gave no reason for the absence. She said the accused was charged with a very serious offence, saying that it is the duty of the Prosecution to exercise diligence in prosecuting the case in an expeditious manner.

The Magistrate ruled that it is against the law for the accused to be charged with a grave offence, while the Prosecution took a back seat. “Therefore, Section 160 of the Criminal Code of the Constitution gives the court the power to discharge the accused,” she ruled.
She said the Prosecution has failed to appear in court, despite a notice, adding that the Prosecution has the liberty to press charges on the accused again.

Edu Gomez, Counsel for the accused, in his earlier submission, implored the court to acquit and discharge the accused, noting that the Prosecution has failed to appear in court on two occasions without  giving  any tangible reason. He referred the court to Chapter 4 of the 1997 Constitution.

Lawyer Gomez, told the court that the Prosecution had maintained an attitude of indifference by not coming to court to prove the charge against the accused beyond reasonable doubts. He then argued that it is right that the accused is presumed innocent until the contrary is proven.

“It is wrong to continually expose the accused to such a trauma, while the Prosecution continues to be absent in court. It is my humble opinion that human rights are sacrosanct and valuable, and are not subjected to negotiations,” Lawyer Gomez argued.