OBSERVER Wednesday, March 6, 2002 

Dumo Saho, others treason trial takes dramatic turn case to be reassigned to another High Court Judge

The treason trial of Momodou Dumo Saho, Momodou Marena, Ebrima Barrow, Ebrima Yarbo, Lt Lalo Jaiteh and Lt Omar M Darboe, yesterday took a dramatic turn at the High Court in Banjul when the presiding judge, Justice Grante, informed the court that the state had made a request for the transfer of the matter to another judge.

In a letter addressed to the presiding judge, Justice Wallace Grante, among others, the state requested that the matter be reassigned to another Judge in the High Court in Banjul. Defence Counsel, Lawyer Ousman Sillah indicated that it was very unfortunate for the state to have made such a request at this time. He said the accused persons have been languishing in prison for over one year now. 

Lawyer Sillah argued that the decision made by the state to reassign the case to another judge now, was subjective since no reason was advanced by the state. He further argued that though he was indisposed for sometime, it could not have been the reason for the delay in the court proceedings. 

Lawyer Ousainou Darboe on his part, disclosed that he was flabbergasted by the move taken by the state. Darboe further disclosed that it was the first time to see a request of this kind in his short career at the Gambia bar. Lawyer Darboe argued that the acting Chief Justice should not have minuted the letter to the presiding judge without the director of public prostitution giving any reason why it wanted the case transferred to another judge. Darboe stated that the move was a direct attack on the integrity of the judge. He further argued that the state should have filed an affidavit or make an application for the matter to be transferred to another judge.

On his part, Chief Akomaye Agim, director of public prosecution (DPP) said he respected the integrity of the court, noting that it was incorrect for the defence counsel to assert that the state must give reasons why it wanted the matter to be transferred to another judge. DPP however argued that the state may or may not have reasons as to why it wanted to transfer the matter to another judge.

The presiding Judge, Justice Wallace Grante, declared that he had no objection to the request made by the state to have the matter transferred to another judge. Justice Grante however gave the assurance that the accused persons would be informed in due course when the case is reassigned to another judge. 

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