Famara Jatta, others miss court
By Omar Bah
Mar 4, 2004, 13:21
Excitement at the on -going economic crime trial involving House Majority
leader Baba Jobe, was dampened as four key defense witnesses expected to give
evidence Wednesday, failed to turn up before the court.
The witnesses, secretary general Alieu Ngum, Central Bank Governor Famara
Jatta, his predecessor Clark Bajo and former Finance permanent secretary Bammy
Jagne were all absent from court.
Explaining the reason for their absence defence counsel Edward Gomez, refered
to the witness summons and the attendance affidavit of service, saying he was
able to talk to the process server, Alieu Ceesay, who assured him that after
serving Alieu Ngum, Clark Bayo and Bammy Jagne (through foreign affairs
ministry ) , he came back to prepare affidavits of service in respect of Alieu Ngum
and Clark Bayo and that he has actually handed the said affidavits to his
lordship’s clerk.
Justice Paul concurred with that assertion confirming that the said
affidavits were in his file.
Gomez further submitted that the process server could not prepare an
affidavit of service for Bammy Jagne because there were no forms available. “It is my
belief that Famara Jatta is back in to the Gambia and I shall personally
endeavour that the requisite procedures are taken,’’ Gomez said.
Gomez however revealed that Clark Bajo could have been present had he not
been attacked by illness.
At this juncture, Justice Paul informed the court that hearings in the case
should conclude by next week to allow addresses to be made before judgement is
delivered.
In response, Lawyer Gomez urged that the evidence of the remaining witnesses
are very crucial. ‘They will either corroborate or otherwise the evidence
adduced by the accused person.
Responding to lawyer Gomez’s submissions, state counsel Cherno Marena said
the state have contacted Alieu Ngum and Famara Jatta. He further told the court
that the former was not, at the time of the sitting, around the Greater Banjul
Area as he was attending a conference somewhere else. “But he has given
assurance that he would be here by Monday March 8,” Mr Marena said. As for Famara
Jatta, counsel Marena told the court the former Finance minister would be out
of the jurisdiction of the country for two weeks. “But he is not a compellable
witness and therefore it won’t be in the interest of justice to hold on the
case pending the availability of a non-compellable witness,’’ Mr Marena argued.
But defense lawyer Gomez responded by urging the court to be cognisant of the
fact that the matter at hand is a criminal one, in which the liberty and
reputation of those accused are at stake. He said the need for a speedy trial,
which he subscribes to, should not cause justice to be sacrificed. He said the
witnesses in question would be testifying on pertinent matters within their
personal knowledge, which may not be found in any public records.
Justice Paul therefore adjourned the case to Monday March 8 for hearing.
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