By Sailu Bah
The case filed by the wife of Modou Sowe, a Former Protocol officer who disappeared from public view for nearly two years, did not proceed yesterday, 19th November, 2014 before the Criminal Division of the Banjul High Court due to the Judge who ceased to function as a high court judge and is yet to be replaced by a new judge.
The case has been deferred until further notice.
Mrs. Amie Sowe, the plaintiff and wife of Mr. Sowe, holds that her husband has been held in State custody for almost two years without lawful reason and wants his release.
The case started in July 2014 but it was adjourned until October and was subsequently adjourned due to illness of Justice Mikailu Abdullah. It was supposed to proceed on the 19th November 2014 but did not because Justice Abdullah is no more working as a Judge in the High court of the Gambia and is yet to be replaced by a new judge. The case has been deferred until further notice.
It could be recalled Sagarr Jahateh, lawyer for the plaintiff, told reporters that the case has been adjourned to 19th November, 2014 as Justice Mikailu Abdullah, the trial judge, was indisposed due to ill health.
The proceeding was expected to hear the argument from the defence on whether or not the Director of Public Prosecutions (DPP) should appear for the state.
It could be recalled that on 31st July, 2014, S.H. Barkun, the Director of Public Prosecutions (DPP), in his submission, told the Court that he has the mandate to appear for the Attorney General (AG) in any matter before the court.
However, on the 5th August proceeding, the matter was heard in Chambers.
It was for Lawyer Sagarr Jahateh to reply to the submission made by the DPP when it was adjourned to 23rd October 2014.
Momodou Sowe Former Protocol at the Presidents office
By Sailu Bah