Defence submits letter addressed to the President In False Information Trial of Former Air Traffic Manager

By Kebba Jeffang
Defence Lawyer Borry S. Touray on Wednesday, 8th April 2015, informed
the court of his intention to tender the written letter addressed to
the president of the republic in a bid to strengthen his previousapplication which was overruled, arguing that the president is not a public
officer.
In the previous application, the defence was praying for the dismissal
of the charge against the accused person on the grounds that the
information said to be false was addressed to the President who is
not a public officer and therefore the charge is incompetent.
This was overruled by the trial magistrate on the grounds that the
application made was not submitted with the letter in question and which
could have assisted the court in its determination of the ruling.
During yesterday’s proceedings before magistrate Omar Cham, the IGP
was represented by police prosecutor Sub-Inspector Ebrima Sarr whilst
Lawyer Borry S. Touray appeared for the accused person.
Informing the court about his intention, defence lawyer Touray said “I
wish to submit the letter from the bar. This letter confirmed that the
said information was addressed to the President of the Republic in
person. We have the photocopied one with us and the original copy is with
the prosecution which we want to have. I wish to tender it from the
bar.”
Lawyer Touray added that the idea of submitting the letter is because
their previous application was ruled out by the court on the grounds
that the applicant failed to submit the very letter in question.
He said he now has the said letter at his disposal and wished to make
the application on the same matter.
Although there was no objection from the prosecution, the police
prosecutor said he was seeking for an adjournment to allow him time to
get acquainted with the previous proceedings as he was just inheriting
the case.
“I just received the case file this morning and I don’t know anything
about the case for now. I wish to apply for an adjournment so that I
can go over the case file,” applied prosecutor Sarr.
The application of the prosecution was granted by the court.
The matter, therefore, was adjourned to the 16th April, 2015 at 9.30
am to hear the said application from the defence.