Brikama High Court Dismisses Defence’s Stay of Proceedings Application In Caliph General and Co Case

By Kebba Jeffang

Justice O.U. Uduma of the Brikama High Court on Monday, 22nd December, 2014 Sheikh Muhideen Hydararuled that the case of Sheikh Muhideen Hydara, the Caliph General and “Alkalo” Buyeh Touray respectively, all from Darsilameh Sangajor,   will continue at the Brikama Magistrates’ Court.

The duo is charged with conspiracy and disobedience to lawful order.

This ruling was based on an appeal filed by the defence team led by Lawyer Antouman Gaye asking for stay of proceedings and referral of the case to the Supreme Court for interpretation.

The defence team made this appeal after their application for referral of the case was turned down by Magistrate Omar Cham of the Brikama Magistrates’s Court.

Justice Uduma said courts have discretion to refuse stay of proceedings pending appeal but that this has to be exercised judiciously.

“I agree with the state counsel that there is no substantial circumstance to warrant a stay of proceedings to grant the application,” said Justice Uduma.

She therefore overruled the application of stay off proceedings and referral of the matter to the Supreme Court of the Gambia and allowed the criminal case to proceed at the lower court.

The case will continue today Tuesday, 23rd December, 2014 at the Brikama Magistrates’ Court.