By Yankuba Jallow
A trial magistrate in Kanifing on Tuesday, 12th October struck out the criminal case brought against Kemeseng Sanneh (alias Kexx Sanneh), a political activist.
When the case was called by the Court clerk, Sergeant Lamin Jammeh announced himself as the representative of the Inspector General of Police while Lawyer Sulayman Junkung Jobarteh appeared for Kexx Sanneh.
Sgt.9 Jammeh informed the trial magistrate, Mam Samba Jallow that the witness, who was scheduled to appear was not able to come to court. Jammeh said the witness was working on his travelling documents as he was part of the police crew selected for a peacekeeping mission. Jammeh informed the court that the witness was doing his medical examination.
Jammeh requested for an adjournment to enable the witness to appear. He told the court that the witness was part of the policemen, who investigated the case.
Lawyer Jobarteh for Kexx Sanneh objected to the request for an adjournment. He reminded the court of its previous ruling delivered on the 30th September 2021 that if the police fail to come and/or produce their witness, the matter will be struck out.
“The accused person was on a political tour around Janjanbureh and he had to suspend that and cross with the last ferry [at the Barra-Banjul crossing point] to attend today’s proceeding. So, I see no reason why the prosecution witness would be absent. He could have come and sought an adjournment from the court”. Said Jobarteh.
Lawyer Jobarteh applied for the matter to be struck out.
In his ruling, Magistrate Jallow struck out the case and informed the prosecution that anytime they are ready to proceed with the case, they can file in a fresh case.
It could be recalled that on 30th September Kemeseng Sanneh with his lawyer appeared before the court only to be told that the prosecution and their witness were absent. The court adjourned the case to 12th October, but with strict warning that the matter will be struck out if the prosecution fails to diligently prosecute the matter. Now that the prosecution witness did not appear, the matter was struck out of the court and Kexx Sanneh now goes back to join his party’s nationwide caravan tour.