By Yankuba Jallow and Hatab Nyang
The criminal case involving the former Inspector General of Police, Ensa Jesus Badjie as the complainant and Banta Jaiteh, Bakary Bojang and Ensa Badjie as the accused persons, proceeded as the court gave a verdict that the case will continue on the next adjourned date, even if the defence lawyers are absent.
When the case was called before Magistrate Isatou Janneh-Njie of the Banjul Magistrate’s Court, the complainant, Ensa Jesus Badjie, was present as well as the accused persons. The state Counsel, Lawyer Jaiteh told the court that the defence attorney, lawyer Pa Harry Jammeh cannot hold the court at ransom by continuing to keep himself absent without notifying the court. The accused persons told the court that their attorney was at the High Court and could not make it. They told the Court that the evidences that were to be given to their attorney to prepare for their defence, were not delivered to him as the court has ordered.
The court in its ruling held that even if the defence lawyer is absent on the next adjourned date which is 6thDecember 2017, the case will proceed. The case is at the stage of cross examination of PW1, Ensa Jesus Badjie, but yet the defence side has been dragging the trial into many adjournments.
The three accused person face charges on wilfully procuring and transferring land without authority that belongs to the Ensa Jesus Badjie, the former Inspector General of Police of the Gambia. The three accused persons on count 1 are charged with conspiracy to defraud contrary to section 292 of the criminal code.
The three are also charged on count 2, with obtaining goods by false pretence contrary to section 288 of the criminal code; they are alleged with intent to defraud and obtain money from one Kutubo Ceesay, an amount of two hundred thousand dalasi (D200,000.00) for the sale of Plot No. 66, to one Kutubo Ceesay knowing that the said plot at Old Yundum, belongs to the complainant.
On count 3, they are charged with Forgery contrary to Section 322 of the criminal code. They are charged with intent to defraud, forge and effect the registration of deed of assignment registered on 11th June 2014, with serial registration no. 394/2014 Vol. KD, to falsely transfer the title of plot No. 66 belonging to the complainant, to one Kutubo Ceesay.
They are charged on count 4 with obtaining registration by false pretence contrary to section 295 of the Criminal Code. The three are alleged to wilfully procure from Bakary Bojang and Ensa Badjie, to effect the registration of deed of assignment dated 5th June, 2014 with serial registration number 393/2014 vol. 77KD, to falsely transfer the title of plot No. 66 at Old Yundum, belonging to the complainant, to one Kutubo Ceesay.
On the count5, they are charged with fraud on sale or mortgage of property contrary to section 293 of criminal code. The three are alleged with intent to defraud and conceal from one Kutobo Ceesay and make false statements as to the land in question, for the purpose of selling the said plot to him.
The accused persons are also charged with procuring the execution of documents by false pretence, contrary to section 330 of the criminal code and punishable under section 322 of the same authority. They are alleged by means of false and fraudulent representation as to the title of the said land to one Kutubo Ceesay, to execute a deed of assignment dated 5th June 2014, which they knew does not belong to them.
On the final count, they are accused of making documents without authority contrary to section 332 of the criminal code in which they are alleged to defraud and transfer the title of the said land belonging to the former Inspector General of Police, without lawful authority.
