Court rejects state’s application to withdraw charges against driver

Principal Magistrate Krubally of Banjul has strongly cautioned police prosecutors in the case of a driver who sped off with a policeman hanging on his car bonnet from Banjul to Manjai that the “court is not a playing ground but a place for a serious judicial business” and ordered them to produce and present evidence to support their alleged criminal charges against the accused.

The magistrate made this declaration following the prosecution’s attempt to withdraw the charges.

The driver Addoul Wahab Jobarteh, has been charged with attempted murder, reckless and rash act, common assault and disobedience to lawful orders.

Following a bail granted to him on June 8, the accused person was expected to appear on June 16 for the prosecution to present a witness or evidence for the commencement of the trial but prosecutors led by Assistant Commissioner of Police Almami Manga submitted an application for the withdrawal of the charges against the accused.

However when the court asked them to advance reasons as to why they wanted to withdraw the matter, the prosecution at first responded that they were “not obliged to give reason”.

The court insisted on the reasons, with prosecutors arguing that they have launched investigations in the matter and that more serious charge or charges will be pressed against the accused and in order not to make the record of the court a bit untidy, and also to avoid unnecessary delay, new facts are emerging that can let them to consider more cases against the accused.

However, the lawyer for the accused person Adama Sillah, vehemently objected to the withdrawal of the matter arguing that the prosecution’s position that they can come up with more charges is “unfounded.”

He said the prosecution is on “forum shopping” and that is the sole reason why they want to withdraw the matter out of court, charging that the application for withdrawal is done with “malice and not in good faith.”

Ruling on the withdrawal application from the prosecutors Magistrate Krubally said he cannot “definitely entertain withdrawal of this matter” out of his court.

“I strongly caution the prosecution that this court is not a playing ground but a place for serious judicial business. The prosecution is cautioned to present relevant evidence in connection to this case here because whenever they are serious to investigate any matter on the accused, nothing stops them from doing so,” Krubally ruled. He added: “Prosecution again is cautioned that, the legitimate public expectation demands that, there must be finality to litigation wherein at the end of the court’s decision parties know their faith. I cannot conclude this ruling without the dictum or adage of Justice Iziwago who once said“ in the judicial tradition, our inclinations are judged by the people who appear before us”. So to guide such inclination to be quite honest, I cannot allow the matter to be withdrawn from this court on mere technicalities. I accordingly discountenance the prosecution’s application to withdraw this matter outside this court. In the premise the prosecution is accordingly ordered to produce and present evidence to support their alleged criminal charges against the accused.”