Bubacarr Bob Keita’s defense attorney, LS Camara, in the alleged rape case against the young businessman, on Monday, told the Banjul High Court that it took the state 1 year 9 months to understand that DNA stands at the center of his client’s case.
State prosecutor P Gomez challenged the defense attorney’s submission, saying the state had earlier written to the defense on April 29, 2021, requesting a DNA taken.
State counsel Gomez also told the court that they even wrote a follow-up letter dated June 14, 2021, requesting the said DNA, but to no avail.
He told the judge that the defense counsel ignored all the letters when the state had only called two prosecution witnesses in the trial. Saying the defense insisted that the DNA request was against the accused person’s privacy.
Replying on points of law, state counsel Gomez argued that the prosecution has the right to call and recall witnesses even in the middle of a trial.
But the defense attorney said they sought to dismiss the affidavit sworn on behalf of the accused by one Mariama Bah, a legal clerk at the attorney general’s office.
Counsel argued that Mrs. Bah did not have authorization from Bubacarr Keita to do so.
Defense Attorney Camara also informed the court that it’s clear from the affidavit that the respondent investigated a case for over one year and nine months. After the DNA evidence, the state knew its importance in determining the case, as stated in paragraph 34 of the African international state.
“This was 32 months when the state knew DNA is essential, and they did not conduct it,” Camara told the court.
He submitted that in the criminal justice system, one cannot arrest, charge and remand, and investigate; everything begins before one charges, arrest, or remand.
He further submitted that there is no affidavit opposing the court, saying, “you don’t seek and go to sleep while the applicant languishes in jail.”
