The State will today, Monday May 8th, 2017 open its case in the ongoing murder case involving the Ex-President Jammeh former spy chief and eight others at the High Court in Banjul.
The nine former officers of the then National Intelligence Agency (NIA) are charged with twelve counts offences, ranging from conspiracy to commit murder, murder, assaults causing actual bodily harm amongst other charges.
They are erstwhile Director General Yankuba Badjie, Louis Richard leese Gomez, his deputy, Saihou Omar Jeng, ex- director of operations, Babucarr Sallah, Yusupha Jammeh, Haruna Susso, Tamba Masireh, Lamin Darboe and Lamin Lang Sanyang.
In the last adjourned date, presiding judge Justice Kumba Sillah-Camara dismissed their application challenging the competence of the Deputy Director of Public Prosecution (DDPP) to exercise the powers and functions of the Office of the Director of Public Prosecution (DPP) in the absence of an incumbent of that office.
By summons on notice dated the 3rd day of April, 2017, and filed on the same date, the accused persons seek an order striking out the information dated the 20th Day of March 2017 and filed same day for want of jurisdiction on the ground that the criminal case not instituted in accordance with the due process of law and the requisite provisions of the 1997 Constitution of the Republic of The Gambia.
Justice Sillah-Camara ruled that the Deputy Director of Public Prosecution is a person working under the direction and control of the Director of Public prosecution, therefore, the fact that his office was not designated in the Constitution is irrelevant.
“The important thing is for the Deputy DPP to be under the direction and control of the DPP. I hold that the deputy Director of Public Prosecution acted legally for signing the information. Moreover, it is of judicial notice that the office and location/address as that of the AG. Therefore, the address stated on the information is also valid. I therefore hold that the information is valid and the court has jurisdiction to hear same. In light of the above, the application lacks merit and I hereby refuse the application and dismiss same” she ruled.