Justice Ebrima Jaiteh of the Banjul High Court has issued a strong rebuke to the Office of the Director of Public Prosecutions (DPP), led by A.M. Yusuf, over continued delays that hinder the efficient administration of justice.
The warning came during the scheduled hearing of State vs. Paulo Djabi and State vs. Paulo Djabi and Co., where two subpoenaed witnesses—the Registrar of the High Court and the Chief Executive Officer of Kanifing General Hospital—were present and ready to testify. Despite their availability, State Counsel M. Sarr requested an adjournment, citing the absence of Principal Prosecuting Counsel Lamin Jarju, who was out of the jurisdiction. Sarr further admitted to being unfamiliar with the case, having only received the file that morning for the sole purpose of seeking an adjournment.Justice Jaiteh expressed strong disapproval, stating:”It has become increasingly evident to the court that when Counsel Jarju cannot attend hearings, significant delays ensue, negatively impacting the prosecution’s ability to deliver timely justice,” Justice Jaiteh stated. “Such delays are not only a reflection of inefficiency but also undermine the foundational principles of our judicial system.”
He noted that similar concerns had been raised previously when Counsel Sarr, appearing for the state, sought adjournments under nearly identical circumstances. While acknowledging that unforeseen situations can arise, Justice Jaiteh emphasized that legal professionals must be adequately prepared. “Counsel must be ready to proceed with their cases to uphold the integrity of the legal process.”
The judge further condemned the waste of valuable court time and resources, particularly when subpoenaed witnesses had made themselves available but were unable to testify due to the prosecution’s lack of preparedness. He stressed: “This not only wasted valuable time for the court and the witnesses, but also incurred unnecessary costs for all parties involved. The court’s time is precious, and it is our duty to utilize it efficiently,” he stressed.
With a firm tone, Justice Jaiteh declared that the court would no longer accept adjournments caused by Counsel Jarju’s absence. “The court cannot condone a situation where the prosecution’s inability to move forward leads to chronic delays.” he stated, emphasizing that such practices undermine public confidence in the judicial system.
To prevent further disruptions, he directed the DPP’s office to implement proper case management strategies and ensure that Counsel Jarju receives adequate support to handle his caseload effectively. Justice Jaiteh also ruled that the current adjournment would be the final one granted. Should the state fail to proceed effectively at the next hearing, the court will entertain an application from the defence and rule accordingly.
“It is imperative that we hold ourselves accountable to both the legal standards and to the public we serve, ensuring that justice is not delayed or denied in any circumstance,” Justice Jaiteh concluded. He urged the state to adopt proper case management strategies to prevent future disruptions.