Addressing the court, he said: “I was absent at the last sitting of the court. The court gave a ruling which dismissed my application and later adjourned the matter to today for hearing. As a result of the ruling and the instruction of our clients to file an appeal which we have done at the high court, we have also filed an application to the high court and a summon praying that the high court may order the stay of proceedings of this court pending the appeal. Ordinarily, when counsel speaks from the bar there should be no doubt as to what he or she is saying. We have the copy of the appeal and summon filed in the high court which we tendered to the court. We know as a matter of law this court is subordinate to the high court which is a subject to the appeal. As a matter of principle, this court should grant a stay of proceedings.”
Stepping in for the absent chief prosecutor, police Sub-Inspector Sarr said: “I am not intending to reply to the submission made by the defence counsel because I am not actually prosecuting this case. The prosecutor handling this case Chief Inspector Touray has been transferred to New Yundum Police Station as station officer for prosecution. When the new prosecutor comes, he will reply to the defence counsel’s application.”
At that point, Principal Magistrate Omar Cham adjourned the case to Monday 29 September at noon.
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