Dumo Treason Trial Suffers Major Setback

The Independent (Banjul)

March 11, 2002 
Posted to the web March 11, 2002 

Pa Ousman And Omar Bah
Banjul 

The treason trial involving Momodou Ousman Dumo Sarho, Lalo Jaiteh, Lt. Omar Darboe and three others suffered another major setback when the Director of Public Prosecution Akomaye Agim wrote to the High Court judge, Justice Wallace Grante requesting for a shifting of the case to another judge in the High Court.

DPP Agim in his request noted that the state would like the matter to be shifted to the acting Chief Justice Okai Itam.

Reacting to the request the defense counsel Lawyer Ousman Sillah said, the matter has been languishing in the court without proper proceedings taking place for over one year. He added that the accused persons and their relatives should know their fate by now.

Lawyer Sillah added that it is improper for a lawyer to choose his own judge to preside over his or her case. He cited an example of a lawyer objecting to the presence of a judge in the Court of Appeal and was told that if he made that remarks he would be sent to Mile II Central Prisons. He stressed that DPP Agim should make a request for the case to be shifted to another judge.

DPP Agim however, argued that lawyers are at liberty to make request for a transfer of a case to another judge. He said, it is a correct procedure with respect the integrity of Justice Grante to consider the request made by him.

In response to the DPP's request another defense counsel, Lawyer Ousainou Darboe said, he was disappointed by Agim's request. He cautioned that one can ask for a case to be shifted to another judge on facts that there is a bias in the law of justice, which he said has not been the case in the matter.

Lawyer Darboe noted that the request made by state counsel Agim was a direct attack on Justice Grante. He stressed that the acting Chief Justice should not entertain the case, recommending that he "should not even put an eye on it". He added that if a lawyer wants to make any objection on the proceedings of the case he has to file affidavits.

"If there is any bias or improper sittings at the proceedings of a case, then there can be changes of judges, which has not been the case this time," he posited.

The High Court judge Justice Grante informed the court that he has no objection to shift the case to another Judge for a fair hearing.

Dumo Sarho and co-accused were charged with treason two years ago and their case, which began last year has been pending in court.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface
at: http://maelstrom.stjohns.edu/archives/gambia-l.html
To contact the List Management, please send an e-mail to:
[log in to unmask]

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~