NOTES OF PROCEEDINGS OF 12TH JULY 2016.
Court Registrar called the case.
All accused persons are present in Court.
S.H Barkun (DPP) with M. A. Abubacarr; A. A Yakubu; E.R Durgan; B. Jeng; K. Mbaye and L. Jarju for the State.
No appearance is entered for the accused persons.
DPP – the matter is slated for adoption of written addresses, we have filed the prosecution written address this morning. Subject to your convenience we will adopt same as our argument in this matter.
Court – Have you served the accused persons?
DPP – Am not sure my lady.
Court asked the Registrar if the accused persons have been served.
Court – I can see only six copies of the prosecution written address, the accused persons have not been served.
DPP – Yes my lady, if we can have a stand down to enable us serve the accused persons.
Court – this case was adjourned to today for adoption of written addresses. There are only 6 copies of the prosecution written addresses. The accused persons must be served with the prosecution address before the prosecution address can be properly adopted. This case is accordingly stood down to enable the accused persons to be served.
Court Resumes from stand down:
Court we take it that the appearance are the same.
DPP – My lady we have complied and served the accused persons with the prosecution brief.
Court – Let us confirm that the accused persons have all been served.
DPP – Service have been confirm by the process server.
Court – Clerk, ask the 1st to 20th accused persons if they have been served with the prosecution brief.
Clerk confirmed that all accused persons have been served.
Court – I have it in record that all the accused persons have been served. The question is now whether the accused persons need time to respond to the prosecution written address.
Court – Clerk, ask the accused persons whether they need time to respond to the prosecution brief:
1st accused persons (Mr. Darboe) – the Clerk inquire from me whether I need time. This document have just been served in court. Let the Court apply the law. I do not need to tell the court what to do.
2nd accused person – I need time to look at the prosecution brief.
DPP – One of them have indicated to respond to the prosecution brief, if we can give them 7 days.
Court – if the 2nd accused person ask for time, they need time to look at it.
3rd accused person – I need time to look at it.
4th accused person – I have just been served, let the court do what it think is right.
5th I have just received the brief. I have no knowledge about this brief. I left everything in the courts’ hands, whatever you decide.
6th accused persons – I just received this address, let the court do the right thing.
7th accused person – I am not ready to respond, I left everything to the court.
8th accused person – I am not going to respond, whatever the court think fit, let it go ahead.
9th accused person – I have nothing to say, let the court decide.
10th accused person – I don’t understand English, so I left everything to the Court, whatever it thinks fit, it should go ahead.
11th accused person – I cannot respond due to the fact that I received it now, so whatever the Court think fit, let it do so.
12th accused person – they just give me the paper, I cannot even write my name, so I left everything to the discretion of this Court.
13th accused person – I don’t understand English, so I left everything in the hands of this Court.
14th accused person – I am not literate in English, so I left everything in the hands of this court.
15th accused person – I have just been served, I want the court to decide my fate.
16th accused person – I have nothing to respond, so it is for the court to decide.
17th accused person – I have just been served and I have no knowledge of this document. I want the court to decide.
18th accused person – I have nothing to say. I left everything to the Court.
19th accused person – I am not literate, let the court do what it like.
20th accused person – I just received the document, I have nothing to say, I left everything to the court.
Court – in view of the responses by the accused persons, this court give the accused persons 7 days to respond. Pursuant to Section 16 (1) of the constitution of the Gambia, the accused persons are entitled to adequate time to prepare for their case. The case is adjourned to 19th July 2016 at 12 noon for adoption of the accused person address.