On Monday, Justice Ebrima Jaiteh has thrown out a summon for the appearance of the executive secretary of the Truth, Reconciliation and Reparation Commission before the High Court.
Last week, the lawyer representing Yankuba Touray, Abdoulie Sisiho, has asked the court to arrest Dr Baba Galleh Jallow for his failure to appear before the court following a summon.
Sisoho made the summon for Dr Jallow to appear and testify to the court all he knows about the appearance of Ensa Mendy, a witness in Touray’s trial who testified before the Commission on March 28.
Mendy said he was an orderly to Touray, a former state minister standing trial for the murder of former finance minister, Ousman Koro Ceesay.
However, in his ruling on Monday, Justice Jaiteh said the summons served on Dr Jallow was brought under the wrong Criminal Procedure Form in the Third Schedule of the High Court Rules.
“Since the subpoena to the Executive Secretary of the TRRC was brought under wrong Judicial Form, the said subpoena issued on the 25th October 2019 is hereby set aside,” said Jaiteh.
“Counsel for the defence is at liberty to apply afresh and is strongly urge to use the appropriate Judicial Form contained in the Third Schedule of the Courts Act – Subsidiary Legislation, Cap 6:01, Volume 2, laws of The Gambia.”
Meanwhile, Touray’s case could not proceed today for the cross examination of Ensa Mendy by the defense. The case is adjourned to November 18.