Court Dismisses Darboe’s Request To Re-Examine Superintendent Ken Mendy

Defense To Open A No Case To Answer Submission Friday On Peters Case

By Staff Reporter Bakary Gibba, Banjul

A magistrate court in Kanifing Monday dismissed a request made by lead counsel Lawyer Ousainou Darboe in the case of The Gambian state versus politician Femi Peters to reexamine prosecution witness police Superintendent Ken Mendy, who had already testified in court.

Mr. Darboe had earlier informed the court about his intention of further grilling the fourth prosecution witness on key issues pertaining  to the case, but his request was turned down by the presiding magistrate Kayode Olajabutu. The magistrate sided with police prosecutor Inspector Kebba Federa to dismiss Darboe’s application on the basis of its lack of merit and substance.

Principal magistrate Kayode Olajabute, who recently jailed the six Gambian journalists on defamation charges said since the witness had already been cross-examined by counsel Darboe, he doesn’t see the rationale behind the defence’s application. He upheld the prosecution’s argument that Darboe’s request should be dismissed.

In an earlier court appearance, Mr. Darboe said the defense was ready to present a no case to answer address. But for some reasons, he has opted to re-examine the police witness, but the court refused.

The case was adjourned to Friday February 19th 2010 at 10 am to enable the defense to move its motion for no case to answer. If  Darboe’s request to free his client is granted, this would mark a major victory for the opposition’s  quest for a level playing field in the country. But observers are skeptical about the impartiality of the trial magistrate, who is believed to be a mercenary judge.

Mr. Peters is standing trial for holding an unlawful public assembly, a charge he vehemently denied. If convicted, he risked facing between six months and three years jail term.