Non Service of Brief Delays Solo Sandeng’s Habeas Corpus Case

By Rohey Jadama

The Habeas Corpus Case filed by lawyers for the production of Ebrima Solo Sandeng did not proceed yesterday 27 Solo Sandeng 2June, 2016. The court maintained that the respondents were not served with the applicant’s brief of argument.

The case was yesterday scheduled for adoption of written briefs before Justice Eunice Dada of the Banjul High Court but the state told the court that they were not served with a copy of the applicant’s brief of argument.

When the case was called, Lawyer Lamin S. Camara told the court the applicant has filed their brief of argument pursuant to the originating summons. He further told the court that they filed it on the 21 June, 2016 and that he believes the respondent’s have been served.

Responding to Lawyer Camara, State Counsel Binga D told the court that they are yet to be served with the said brief of argument.

At this juncture the court clerk was heard saying the state has been served and the court clerk was seen handing over a copy to the state counsel Binga D in court.

Justice Dada said in the absence of any affidavit of proof of service the state is not served.

At this juncture, Counsel Binga D requested for 12 days to file the respondent’s brief of argument. However, Barrister Camara objected   to the 12 days requested by Lawyer Binga D.  He further argued that at the last adjourned date parties were given 7 days.

Justice Dada in her ruling ordered the state to file their brief in 7 days and 2 days for the applicant’s counsel to reply on points of law.

The case was adjourned till 7 July, 2016 at 2pm for adoption of briefs.

It could be recalled that Ebrima Solo Sandeng, the National Organising Secretary of the United Democratic Party was arrested on 14 April at the Westfield Junction while engaged in a protest. Since his arrest he has never been seen or heard from in public.