Court refuses to Strike out Borry Saidy’s Case

By Kebba Jeffang

Brikama Magistrates’ Court presided over by principal magistrate Hilary Abeke, on Bory J. SaidyMonday, 1st February 2016, overruled the application made by Lawyer Borry S. Touray for his client, Borry J. Saidy, to be freed since the prosecution witness is not regular in attendance.

The former Air Traffic Services Manager at the Banjul International Airport is standing trial at the Brikama Magistrate’s court. When the case was called, one Inspector Gibba announced his appearance for the Inspector General of Police (IGP.

Inspector Gibba, in applying for adjournment, told the court that his witness Fabakary Kalleh is particular about this case and that he has been coming for the past adjournment date but unfortunately the case has not been proceeding. He said his witness has called him in the morning informing him that he could not make it to court.

“On that note, I request for a short adjournment to enable us to have him in court,” said Inspector Gibba.

Meanwhile, the defence counsel Borry Touray objected to the application for adjournment, noting that the witness has not been regular in attendance. He added that the prosecution has no justification for the matter’s adjournment for the fact that they were given notice to bring the second witness so that in the event the first witness is absent they would continue with the second.

“The absent is unjustifiable and this case has suffered a lot of setbacks. My client has never absented himself and it is only once I asked for an adjournment. I therefore ask the court for this matter to be struck out because this is the second time. My client should continue with his services because he has spoken the truth and the truth was not well received,” he submitted.

However, Inspector Gibba in response insisted that the past adjournment dates were at the instance of the defence because counsel will seek for adjournment when lawyers are many in court and that his witness has been coming.

“We urged the court to grant our adjournment application,” submitted Gibba.

In ruling, Magistrate Abeke overruled the defence’s application for the case to be struck out and granted the prosecution’s application for an adjournment.

At this juncture, the matter was adjourned to 8th and 9th February, 2016.