DPP’s application overruled

Naceesay Sallah-Wadda, the presiding judge at the Criminal Division of the Banjul High Court, yesterday, overruled the application for a stay of court proceedings filed by the director of Public Prosecution, Emmanuel Fagbenle.

 Lawyer Fagbenle had earlier filed an “expert motion” to serve the second defendant, Andrew Charles Northfield, the general manager of Carnegie Minerals Company, with a notice to surrender the keys of the company, but this motion was struck out. DPP Fagbenle then filed an appeal at the Gambia Court of Appeal against the ruling, before filing an application for a stay of proceeding, pending the outcome of the appeal.

Handing down her ruling on the application, Justice Sallah-Wadda said the court is vested with the exclusive discretion to grant a stay of proceeding or refuse it. She said the conditions for granting the application must be conjunctive and the court has to consider whether by granting the stay of proceeding, the trial would be delayed.

The judge noted that both the defence counsel for the second accused person and DPP Fagbenle made several arguments, bordering on whether the second accused person should be served with a motion notice or not. She made reference to legal authorities and decided cases both in The Gambia and Nigeria.

Justice Sallah-Wadda urged the DPP to filed a motion notice service on the second accused person, Andrew Charles Northfield on or before June 5. The judge also urged the defence counsel, Lawyer Mene to filed his submission by June 14, before adjourning the proceedings of the trial.

Senior Magistrate Olajubutu then granted the application, after looking at both submissions. He consequently adjourned the case to June 5 for continuation of the proceedings.