By Yankuba Jallow
The trial of Abdoulie Saine, former National Assembly Member of Banjul Central has stalled, following the failure of the prosecution to adhere to its promise of securing a fiat from the Attorney General’s Office.
The prosecutor MB Mballow, made an application on the 10th of September 2018, for the Court to grant them an adjournment to enable the prosecution secure a fiat, a document of authority or arbitrary command from the Attorney General’s Office.
When the case was called before the trial Magistrate T. Wilson yesterday September 27th, Mballow pleaded for the Court to adjourn the case, to enable them secure a fiat from the AG’s office. The lead prosecutor Superintendent Mballow in his application, said the fiat has not been received from the AG’s office; that before the office of the Attorney General gives a fiat, the process requires a thorough review by the Director of Public Prosecution.
Mosses Richards, Counsel for the defendant, said he is not objecting to the application for an adjournment; that the adjournment is at the discretion of the Court. Prosecutor M’ballow said the only concern is that the accused person has been bailed but his movement is restricted.
“My client has told me he wants to know his fate and clear his name,” said Lawyer Richards; that the prosecutor must disclose the case to the defendant, so that they can know where they are coming from.
However prosecutor Mballow replied that they do not have anything to disclose, because the file is not with them. But promised to disclose everything, when they receive the file from the AG’s Chambers.
Magistrate T. Wilson in his ruling, said the case is a criminal trial and should be heard within the shortest time, for the accused person to know his faith.
Abdoulie Saine pleaded not guilty to charges of seditious intention and incitement to violence.
According to the particulars of offence on Count 1, Abdoulie Saine on or about the 2nd of November 2018, in the City of Banjul, without Lawful excuse and with intent to incite violence, uttered a statement on ‘Whatsapp’ audio, using abusive and derogative remarks against an entire tribe, stating their selfishness, hypocrisy and wickedness as a people.
On Count 2, Abdoulie Saine on the same day and place without Lawful excuse and with intent to promote feelings of ill-will and hostility between the different classes of the population of the Gambia, uttered a statement on ‘Whatsapp’ audio using abusive and derogative remarks against an entire tribe, stating their selfishness, hypocrisy and wickedness.
The matter was adjourned to 10th October 2018 at 1 pm, for hearing.