Lawyer Chime, the defense counsel of former NIA Director General Yankuba Badjie has said his client will not succumb to trial by surprise.
Chime made objection to the state prosecutor to called on the 3rd prosecution witness to give testimony without serving witness statements to the defense, saying the prosecution should serve them with witness statements as directed by the court.
“We will not succumb to trial by ambush,” Lawyer Chime submitted.
The lawyer of the former NIA Director General said it is principle in criminal trial not to be taken by surprise but was interrupted by the Prosecutor General, Antouman Gaye who told the court that they are serving the witness statement to the defense while he was talking.
Lawyer Chime submitted that the witness statements should not be serve in a piecemeal but it should be rather filed in a bundle.
Lawyers P. Gomez and Ibrahim Jallow, counsel of former NIA Deputy Director General Louis Gomez and counsel of former NIA Operation Director, Sheikh Omar Jeng associated themselves to the submission made by the lawyer of the first accused respectively. Gomez referred the court to section 24 (3) of the 1997 Constitution. Jallow also cited the same section among others.
The State Prosecutor, Lamin S Camara in his respond said the objection made by the defense is misconceive, saying they have confused civil case with a criminal trial.
“They have given over elastic definition of section 24 (3) of the constitution,” Lamin S Camara said.
He referred to several provisions of the Criminal Procedure Code including sections 175 C (b) and 237 (2) among others saying the objection lacks merit.
Meanwhile, the trial judge made ruling in favour of the defense telling the prosecution to file witness statements and facilities to the defense prior to the case and not on the day of the case.
Subsequently, the case was adjourned till tomorrow, for hearing of the 3rd prosecution witness.