The sedition trial of BAC chairman Yankuba Darboe resumed at the Banjul Magistrates’ Court yesterday with the court dealing with the ruling on the defense’s motion seeking for presiding magistrate Thomasi to recuse himself from the case and for the trial to halt until an appeal at the High Court is determined.
In his ruling on the twinned motion, Magistrate Thomasi declined to recuse himself from the case arguing that recusal is not automatic but at the discretion of the Chief Justice, meaning that unless directed by the Chief Justice, he will continue to sit over the case.
The magistrate however granted the other prayer of the defense by ruling that the proceedings of the case would be halted until a decision on the appeal made to the High Court is reached.
Meanwhile, the defendant Yankuba Darboe had expressed dissatisfaction with the ruling arguing that the court has already formed an opinion on the entire trial in the ruling and has taken into account extraneous matters that were not presented as evidence.
Darboe asserted that the court has predetermined the outcome of the case without hearing his defence, thereby rendering his defence futile and academic.