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Magistrate dismisses defendant’s counsel plea

By Nicholas Bass

Magistrate Peter Adoh Che of the Brikama Magistrate Court has dismissed the plea of Counsel Aziz Bensouda, the lawyer for the defendants, Fatou Touray, the Chief Executive Officer of Kerr Fatou and Fatoumatta Drammeh of Paradise Television Station, as concerning the clarity of the charge sheet of the second accused, Fatoumatta Drammeh, which he failed to raise an objection immediately it was read to his client.

The defendants were accused by Samsudeen Phatey of unauthorized publication.

Proceeding with the case, Magistrate Peter Adoh Che cited section 217 of the Criminal Court Proceedings which states that, after the information of the charge sheet is read to the accused an objection shall be taken immediately, ‘’I hereby dismissed the plea of Counsel Abdoul Aziz Bensouda

However, the plaintiff’s lawyer Malick H.B. Jallow pleaded   for an adjournment of the case due to his official functions and travelling schedules.’ However, he notified the court that his witness was absent “because I was not certain of the ruling of the plea of the defendants’ Counsel and the continuation of the court hearings.’’

Counsel A. Bensouda objected to the plaintiff’s Lawyer saying his clients and fellow Counsels should be compensated for the time wasted, for his witness should be available for the court hearings. ‘’Certainly, the witness is not more important than the accused person’’, Counsel Bensoudal exclaimed. He went on that the court should not allow parties to drag the case.

But lawyer M.H. Jallow objected to this and said his client, Fatou Touray came late for thirty minutes of the last court sitting without a fine by the court.

‘’This case is a criminal matter and all the Criminal Court Proceedings should be observed,’’ lawyer Jallow noted to the court.

At this juncture magistrate, Peter Adoh Che granted the plea of Counsel M.H.B. Jallow and adjourned the case to the 30th August 2022 from 10:30 to 15:00 hours.

 

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