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Tuesday, October 4, 2022

Judge dismisses request to set aside DNA order in Bob’s case

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By Binta A Bah

The High Court in Banjul on Wednesday dismissed the defence’s application to set aside a ruling ordering youth activist Bubacarr Keita to submit to blood extraction for DNA examination to determine the paternity of the baby of the victim she is alleged to have raped.

The judge, Momodou SM Jallow in a very brief ruling, dismissed the motion describing it as an ‘abuse’ of the court processes, saying what is expected from Keita’s lawyer, Lamin Camara is to submit to the DNA.

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“All we expect is for the state to undertake or supervise the conduct of the DNA. If a court gives an order, it expects that order to be carried out. If you are not in agreement, you can appeal but a court cannot set aside the decision it has already made when there is no such need,” the judge said, before giving directive for the authorities to extract DNA from late baby Muhammed which must be done in the presence of the defence.

Meanwhile, Keita’s lawyer Lamin Camara said he will appeal against the decision of the judge. He however told the judge about his intention to open defence during the two-month vacation but the judge responded that he has no power unless he liaises with the judiciary.

At one point after the ruling, while addressing both parties, the judge said they would have made some progress in the case if Keita’s lawyer did not file a motion asking the court to set aside the ruling he made.

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Responding, Camara said: “With all respect My Lord, I did not file this motion to waste the court’s time.”

The judge continued that Bob’s case is one of the cases that has proceeded more than any other rape case before his court. “This is not the only case before me. Devote all your time in this matter when the case should proceed. You will be absent but I will not be absent,” he said.

The case has been adjourned till October.

Meanwhile, The Standard understands the defence team is expected to apply for the case to continue with the Vacation Judge.

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