By Amie Sanneh The ninth Prosecution witness in the ongoing trial of Momodou Sabally,Modou Sabally SG erstwhile Secretary General, Head of the Civil Service and Minister for Presidential Affairs could not proceed yesterday at the High Court due to the fact that the Director of Public Prosecutions (DPP)Hadi Saleh Barkum, did not serve the defence with the Summary of Evidence.PW9, who was in court yesterday, after swearing in to an oath, identified herself as Adama Njie, resident of Sinchu Alagie. Senior Counsel Antouman Gaye, Counsel for the defendant, argued that the ninth prosecution witness called upon by the State is not among the list of witnesses that should testify in Court. “I have not been served in line with the Criminal Procedure Code (CPC),” he stated. Lawyer Gaye added that before the ninth prosecution witness is called upon he should have been informed about it. “I should have been served the list, unless it has been filed and am not served,” he remarked. However, the DPP stated that the ninth prosecution witness is mentioned in the list dated 22 October 2014 of which Senior Counsel Gaye is having a copy. In response Lawyer Gaye insisted that he was not served adding that even if Adama Njie’s name is on the list, he should have been served citing Section 234 of the CPC to defend his point. According to him, the DPP failed to apply that. The DPP told the court that they have listed Adama Njie’s name as per the list of witnesses dated on the 22 October 2014. He also cited section 175 paragraph (b) of the CPC to prove his point. The DPP finally admitted it as their fault after the intervention of the Judge. Senior Counsel Gaye said the effect of what the DPP did is that they are being taken by surprise which is not allowed in court. ‘The accused person is entitled to know who are giving evidence and what they have to say in advance which have not been done,” he said. He called on them to regularise it. DPP applied for him to serve the defence with the list of the summary of evidence in court which according to him contains nine lines of statement. In response, lawyer Gaye stated that he cannot accept it in court, noting that he is mindful of the requirement of the law. Justice Amadi finally urged the DPP to serve the defendant lawyer with the list of summary of evidence at the end of the proceedings. Sittings continue today at 11am. It could be recalled that Mr. Sabally is facing eight charges ranging from two counts of ‘Economic Crimes’, three counts of ‘Abuse of Office’, two counts of ‘Neglect of Official Duty’ and a single count of ‘Giving False Information to a Public Officer.  He however denies any wrong doing. The prosecution has so far called 8 witnesses to prove their case.]]>

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