By Yankuba Jallow
The Gambia Court of Appeal has struck out an application by the State seeking an order for the stay of proceeding at the High Court.
The State hired five private lawyers to try the NIA 9 case.
The private prosecutors who are doing prosecution on behalf of the State Law Office filed a motion seeking a stay of proceeding of the NIA case.
The long standing trial was first stayed by the high court judge, Justice Kumba Sillah-Camara following the application by the prosecution for a stay.
Defence Lawyer C.E. Mene appealed against the stay before the Court of Appeal. The Court of Appeal ordered and directed the high court judge to continue with the NIA 9 trial.
The prosecution was dissatisfied with the Court of Appeal’s holding and thus, on the 9th December 2020, filed an application for a stay of the Court of Appeal’s Order.
The application for a stay followed the Court of Appeal order dated 8th October 2020 ordering and directing high court judge, Justice Kumba Sillah-Camara to continue with the hearing of the case pending the hearing and determination of the appeal filed by the State at the Supreme Court against the said orders of the Court of Appeal.
However, Lawyer Combeh Gaye for the State on Thursday, 11th February 2021 informed the appellate court that they have advised themselves to have the application withdrawn considering the fact that the trial at the high court is proceeding.
Lawyer C.E. Mene for Yankuba Badjie indicated that he has no objection to the withdrawal of the application. Lawyer Mene added that there are other accused persons at the high court continuing with their defence.
Justice O.M.M. Njie, the President of The Gambia Court of Appeal struck out the motion dated 9th December 2020 filed by the State.
There is already an appeal case filed at the Supreme Court by the State seeking to set-aside the Court of Appeal’s order for the case to continue at the high court.