The high court in Banjul has adjourned the trial of 3 -Years-Jotna leaders to January 13 after the group failed to appear in court.

They are Abdou Njie, Ebrima Kitim Jarju, Sheriffo Sonko, Karim Touray, Yankuba Darboe, Haji Suwaneh, Muctarr Ceesay, Bakary Camara, and Fanta Mballow.

They are charged with rioting, unlawful assembly and rioting after proclamation, which they denied. 

The group was arrested in 2019 after taking to the street to demand President Adama Barrow honour his promise and step down.

Justice B.A Bakre on Wednesday closed the prosecution’s case in the group after they failed to appear after a correspondence from the Attorney General’s Office was sent to the court informing the Judge of their absence and their reason for the absence.

The AG’s office informed the court that all the state counsels have other matters to attend in other courts and requested for an adjournment.

The trial judge said the prosecution cannot be allowed to delay the case any further and he invited the defence lawyers to make comments on the prosecution’s letter.

So far, two witnesses have been called in the case by the prosecution. One of the witnesses have completed his testimony and the other is yet to complete his evidence.

Lawyer Lamin Camara in his comment said the prosecution has failed to demonstrate interest in the case and he decided not to open their defence instead made a ‘no case to answer’ submission and argued that the prosecution has failed to establish a prima facie case against the accused persons.

He said the prosecution has failed in their duty to establish as he relied on section 144 of the Evidence Act to say there is no case to answer.

Section 144 of the Evidence Act provides “if the commission of an offence by a party to any proceedings is directly in issue in any proceedings, civil or criminal, it must be proved beyond reasonable doubt.” Subsection 2 provides “the burden of proving that a person has been guilty of a crime or wrongful act is, subject to the provision of section 147, on the person who asserts it….”

“A prima facie case has not been established by the prosecution and I enjoin the court to acquit and discharge the accused persons,” Camara said.

He said the prosecution did not establish any prima facie case against the accused persons on all the three counts, adding the permit in question has not been tendered before the court. 

The defence lawyer said the accused persons were issued a permit to embark on the protest by the Inspector General of Police. 

Mr Camara relied on 208 of the Criminal Procedure Code in making his application. 

Reporting by Adama Makasuba