Saturday, April 1, 2023

In UDP 14 Case: Lawyers Still Deny Access to their Clients


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By Rohey Jadama

Lawyer Borry S. Touray, attorney for 14 UDP supporters, yesterday 5 October, 2016 complained to the Special Criminal Division of the Banjul High court about the inaccessibility to his clients who are being remanded at Mile two Central Prison.When the case was called before Justice Otaba ,  Lawyers B. Jaiteh, Sheriff Kumba Jobe and E. Sanneh announced their representation for the state, while Lawyers Hawa Sisay-Sabally and Borry S. Touray
appeared for all the accused persons.
The case was yesterday slated for adoption of briefs for bail but the defence could not file their briefs due to inaccessibility to their clients.
The accused persons namely  Bakary Jammeh, Kaddy Samateh, a mother of a four months old baby, Lele Bojang, Alkali Sanneh, Yaya Fatty, Solo Kurumah (Deceased), Muhammed Singhateh, Kemo Touray, Bakary Marong, Buba Mass, Alagie Saidykhan, Tombong Njie, Modou Sarr, Sheriff Suma and Lamin Dampha.
They  are being tried on seven counts of ‘Conspiracy to commit Felony’, ‘Unlawful Assembly’,’ Riot’, ‘Incitement of Violence’, ‘interfering with vehicle’, ‘Holding a possession without a permit’ and ‘Disobeying order to disperse’, to which they all  pleaded not guilty to.
State counsel Jaiteh informed the court that they had filed amended information dated on the 26th September, 2016. He added that pursuant to section 218 and 64 of the criminal procedure code, he is applying for it to be substituted. He said in the amended information the state had withdrawn charges against the late Solo Kurumah.
Lawyer Touray did not object to the application but he however, drew the court’s attention to the fact that this is the second time the prosecution is amending the charge sheet so it should read further amended information.
At this juncture state counsel Jaiteh told the court that the documents of Solo Kurumah (Deceased) are sent to the ministry of interior and they could not have access to them. He however said he will endeavor to produce
them for the court.
“With all due respect that is not an excuse the document is a public document”, argued Barrister Touray.
At this juncture Justice Otaba enquired from the process server whether he had served the prison authorities with the order of the court for the production of the autopsy report and the death
certificate and he responded in the positive.
Justice Otaba told Sub-Inspector kalipha Bojang, a prison officer that it is the constitutional right of the accused persons to have access to their lawyers.  Bojang responded that he gave the said order to the
authorities and they said they will allow the lawyers to have access to their clients.
At this stage Justice Otaba, granted the application of the prosecution and subsequently adjourned the case till
13 October, 2016 at 10am for adoption of briefs.


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