The Special Criminal Division of the Banjul High Court, presided over by Justice Moses Richards ordered a bench warrant for the execution of the arrest of Mr. Andrew Charles Northfield, the fugitive General Manager of the Carnegie Mineral Mining Company, Gambia Limited. The order also added that when he is arrested he should be extradited to face trial in the Gambia. The court also ordered that the D9 million Northfield deposited in cash be forfeited by the state.
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When making the application, DPP Richard N. Chenge told the court on Friday 23 October, that they have discovered from the registry that the order of the court for the cash deposit of D5 million and two Gambian sureties with landed properties within Greater Banjul Area, valued at D2 million each, did not in fact take place, but instead the accused could not bring in two Gambian sureties and decided to deposit in cash D4 million in addition to D5 million. DDP Chenge added that in totality Mr. Northfield had deposited D9 million in cash to secure bail for himself.
DPP Chenge applied for the court to forfeit the D9 million to the state as the accused person has jumped bail and any percentage that accrued be given to the judiciary. Mr. Chenge also made an application for a bench warrant be issued for the arrest of Mr. Northfield to be tried in The Gambia.
DPP made another application under section 75 of the Criminal Procedure Code (CPC) that the summon to be served to the company be made through any principal officer in the company. DPP said that the second accused person, Mr. Northfield, is a principal officer of the company; that the personal service of the summon to the second accused person be deemed to be a sufficient service for the first accused person Carnegie company.
When delivering ruling, without any legal appearance for Carnegie Company and Mr. Northfield, Justice Richards ordered that the extra D4 million posed by the Mr. Northfield be forfeited to the state. He ordered that bench warrant be issued to effect the arrest of Mr. Northfield on sight and extradite him to Gambia for trial. He also ruled that to serve Mr. Northfield with summons as one of the principal officers of the Carnegie Mineral mining Company means that the company has been served. He adjourned the case to 12th November, for trial to continue.
The Carnegie Company and its Manager, Northfield, were charged with three counts of economic crimes and theft in February 2008. Northfield absconded to the U.K.