Sabally’s Case fails to Proceed

By Amie Sanneh
The ninth Prosecution witness in the ongoing trial of Momodou Sabally,Modou Sabally SG
erstwhile Secretary General, Head of the Civil Service and Minister
for Presidential Affairs could not proceed yesterday at the High Court due to the fact that the Director of Public Prosecutions (DPP)Hadi Saleh Barkum, did not serve the defence with the Summary of Evidence.PW9, who was in court yesterday, after swearing in to an oath,
identified herself as Adama Njie, resident of Sinchu Alagie.
Senior Counsel Antouman Gaye, Counsel for the defendant, argued that
the ninth prosecution witness called upon by the State is not among the list of
witnesses that should testify in Court. “I have not been served in
line with the Criminal Procedure Code (CPC),” he stated. Lawyer Gaye
added that before the ninth prosecution witness is called upon he should have been
informed about it. “I should have been served the list, unless it has
been filed and am not served,” he remarked.
However, the DPP stated that the ninth prosecution witness is mentioned in the
list dated 22 October 2014 of which Senior Counsel Gaye is having a
In response Lawyer Gaye insisted that he was not served adding that
even if Adama Njie’s name is on the list, he should have been served
citing Section 234 of the CPC to defend his point. According to him,
the DPP failed to apply that.
The DPP told the court that they have listed Adama Njie’s name as per
the list of witnesses dated on the 22 October 2014. He also cited
section 175 paragraph (b) of the CPC to prove his point. The DPP
finally admitted it as their fault after the intervention of the
Senior Counsel Gaye said the effect of what the DPP did is that they
are being taken by surprise which is not allowed in court. ‘The
accused person is entitled to know who are giving evidence and what
they have to say in advance which have not been done,” he said. He
called on them to regularise it.
DPP applied for him to serve the defence with the list of the summary
of evidence in court which according to him contains nine lines
of statement. In response, lawyer Gaye stated that he cannot accept it in
court, noting that he is mindful of the requirement of the law.
Justice Amadi finally urged the DPP to serve the defendant lawyer with
the list of summary of evidence at the end of the proceedings.
Sittings continue today at 11am.
It could be recalled that Mr. Sabally is facing eight charges ranging
from two counts of ‘Economic Crimes’, three counts of ‘Abuse of
Office’, two counts of ‘Neglect of Official Duty’ and a single count
of ‘Giving False Information to a Public Officer.  He however denies
any wrong doing.
The prosecution has so far called 8 witnesses to prove their case.