By Omar Bah
A high court judge Momodou SM Jallow is expected to deliver ruling on the State’s application for a DNA test in Bubacarr Keita’s rape trial to determine whether he (Keita) is the father of the child involved in the alleged rape trial.
In May, State prosecutors in the trial of the famous youth activist filed a motion for the high court to grant an order for a DNA test between the accused person and the child of the girl he is accused to have raped.
Mr Keita faces a single charge of rape which he denied.
Defense lawyers on Monday completed questioning the complainant.
In a motion filed by the state seen by The Standard, the prosecution appealed for the court to make an order directing the accused person to undergo DNA paternal examination to determine the paternal relation between the accused and the complainant’s child.
Meanwhile, in their affidavit in opposition to the prosecution’s motion, the defense argued that it is opposed to the motion for DNA because paternity is “not the subject matter of the substantive trial before the court”.
The defense said the prosecution’s application is denied because it is meant to embarrass the accused and further delay the substantive hearing of the matter and the application is made in utmost bad faith and it will not be in the interest of justice if it is granted.
“Establishing paternity has no bearing with the charge against the accused person, and the application is not timely as it is not made out of good faith because the request for DNA at this stage of hearing is not only meant to further delay the hearing while the accused is still in custody,” the defence argued.
According to the defense, if the application for DNA is granted, it will not be in the interest of justice as the accused is in custody on charges he completely denied.