The sitting judge in the alleged rape trial against Bubacarr Bob Keita Wednesday dismissed the defense motion for a stay of proceeding and execution, calling it an abuse of the court’s process.
When the trial was called on Wednesday, lawyer Kembeng Tah, alongside P Gomez and A Jobe, appeared for the State. In contrast, lawyers Lamin S Camara and F Jallow represented Mr. Keita.
Delivering a ruling on the defense motion for a stay of proceedings and execution, dated 18, 2022, Justice Momodou Jallow informed the court that the move amounts to an abuse of the court process.
He argued that what is expected is the Defence’s cooperation in the DNA and ensuring that they are present when the test is conducted.
On the Defence’s earlier submission, Lawyer LS Camara told the court that the motion dated July 18, 2022, seeks four prayers.
He said prayers 1, 2, 3, and 4 are alternative prayers, but he will deal with the application using the prayer.
Camara told the court that the defense motion was supported by a 45-paragraph affidavit sworn to by Bubacarr Keita and the Defence relied on all paragraphs.
The State replied on points of law accusing the Defence of barring the DNA extraction in the beginning when the State only called two prosecution witnesses.
The State also submitted that they had sent two letters to the Defence requesting a DNA test. Still, they resisted, arguing that it was against the accused person’s privacy.
The high court Judge finally ordered the blood extraction to establish DNA to be conducted on the late Muhammed in the presence of all parties.