By Tabora Bojang
The trial of former APRC parliamentarian for Banjul North, Abdoulie Saine could not proceed yesterday at the Banjul Magistrates Court.
When the case resumed in a heavy security presence before magistrate Tracy Davies-Wilson, police prosecutor Mballow applied for an adjournment arguing that the case file is still not sent back to the prosecution to proceed with the trial.
The former APRC lawmaker is facing two charges of incitement to violence and seditious intention.
According to the police prosecutor, they are yet to receive the case file, which was sent to the AG through the Office of the Director of Public Prosecution for proper vetting, filtering and reviewing of the entire case. “Our offices communicated with the AG and were told that the file is still under review especially count 2,” Mballow told the court.
In response the defense lawyer Moses Richards who did not oppose the prosecutor’s plea for adjournment, raised concern that the liberty of the accused is limited even though he was granted bail.
He argued that the constitution provides that criminal cases should be heard in a reasonable time and after weeks of adjournment the “accused should know his fate and if he is going to be tried for it to be done in a reasonable time”.
Richards reminded the prosecution of the order to disclose evidence that they intent to use during the trial since the file has gone for vetting.
Police prosecutor Mballow responded that they will disclose the evidence but as “for now nothing is with us”, he said.
The trial magistrate then urged the prosecution to ensure that they proceed on the next adjournment date.
Prosecutors alleged that Saine “unlawfully and with intent to incite violence and promote feelings of ill-will and hostility among classes of population of The Gambia recorded a Whatsapp audio uttering abusive and derogatory remarks against the entire Mandingo tribe, stating that the Mandingos are selfish, hypocritical and wicked”. He denied the charges.
The case resumes on October 10 at 1 pm.
