By Yankuba Jallow
Justice Aminata Saho-Ceesay of the Banjul High Court, on Friday November 23rd 2018, quashed the criminal charges proffered on Lawyers Bory S. Touray and Cherno Marenah, by the Banjul Magistrate’s Court. Lawyer Touray together with Cherno Marenah, who is the current Solicitor General of the Gambia, were charged pursuant to the provision of the Criminal Procedure Code (CPC) by the learned trial Magistrate, Isatou Janneh-Njie.
They faced Criminal charges in relation to an alleged registration of deed of gift at the Registrar General’s Office at the Ministry of Justice, sometime in the year 2012. The complainant, Lamin Trawally, tabled his complaint at the lower Court relying on Section 63 (3) of the Criminal Procedure Code.
Both Lawyers were charged on 4 Counts by the lower Court in Banjul. The charges were neglect of official duties, obtaining registration by false pretense, making documents without authority and conspiracy to commit misdemeanor.
The accused persons (Touray and Marenah), did not take their plea at the lower Court.
Readers will recall that Lawyer Rachel Y. Mendy for the accused persons, made an application before the lower Court for the charges to be struck out. She argued that the charges were not initiated under due process of Law and the complainant (Trawally), does not have the locus standi, to make the complaint.
Counsels Touray and Marenah filed an application for an order of certiorari, and for the High Court to prohibit the lower Court from hearing the matter.
The learned Judge in her judgment held the case in favour of the appellants. She made an order that the criminal charge sheet at the lower Court be quashed. She said the order of certiorari succeeds. She further prohibited the lower Court as well as other Magistrates’ Courts from hearing the criminal suit.
Read subsequent publications of Foroyaa Newspaper for a detailed report.