Suspected Homosexual’s Trial: Court Subpoenaes Witnesses


By Rohey Jadama Justice Simon A. Abi, of the Banjul high court has subpoenaed the witnesses in the homosexuality case involving Momar Sowe and Alieu Sarr at the proceedings yesterday, 16th February, 2015.When the case was called, Lawyers Lamin S. Camara, Combeh Gaye-Coker, and Sagarr Jahateh announced their appearance for the accused persons, while A. M Yusuf represented the state. State counsel Yusuf intimated to the court that he had difficulty reaching his witnesses. The trial judge, at this juncture, interjected and requested for the names of all the witnesses in order for them to be subpoenaed. The names that were given to the court by the prosecutor are Sainey Camara, Kalilu Jammeh and Foday  Bojang. Defence Counsel Camara told the court that they are not objecting to the application but added that he is applying for the prosecution to serve them with the cautionary and voluntary statements, the exhibits and any other documents they wish to rely on to prove their case. “My lord, section 24 subsection (3)(c) of the constitution states that anybody accused of a crime shall have the right to prepare for his defence,” submitted Camara. He told the court that what is before it is a charge sheet, not an indictment. The counsel further argued that the prosecution has the obligation to provide any document in their possession to the defence. In the case of Alieu Sarr, both the defence team and prosecution told the court that they wish to adopt the same submission which was made earlier. In his ruling on the matter, the trial judge said he has listened to both sides and has agreed with the defence that both parties should have access to all the documents. He said the accused person is entitled to all materials in his case to enable him prepare for his defence. He urged the state to give the voluntary and cautionary statements of the accused persons to the defence, adding that the defence may apply for the witness statements. The trial judge subpoenaed the witnesses namely; Kalilou Jammeh, Sainey Camara and Foday Bojang to appear in court in the next adjourned date. The case was adjourned to 24 February, 2015 at 12noon. ]]>