
Judge admits Conteh’s Case has Been Dragging for Nearly Eight Years
Justice Moses Richards of the Criminal Division of the High Court in Banjul, has said that ‘the State has nothing on their table and are now considering a plea bargain. They want the defence to come up with a proposal for a plea bargain. Plea bargain means both sides going home with something. Mr. Conteh needs to know his fate. It is now coming to seven or eight years; he is still docked in one case”.
Justice Richards was presiding over the case of Mr. Lai Conteh, a former Mayor of the Kanifing Municipal Council, who is facing charges of Economic Crime and Fraud made the above comments, after the Deputy Director of Public Prosecution (DDPP), Mikailu Abdullah and one of the Defence Counsels, Lamin S. Camara were engaged in a serious debate on a plea bargain.
DDPP Abdullah told the Court that the State is ready and is proposing a plea bargain for the defence to decide or make a choice. He added that they are waiting to hear a plea bargain proposal from the the defence.
But Lawyer Camara argued that the only thing they are proposing is the acquittal and discharge of the accused, Mr. Conteh, of all charges leveled against him. Camara emphasised that all that they want from the State is to drop all the charges against the accused person.
Camara also argued that the State cannot just tell them to propose a plea bargain.
However, Justice Richards urged both sides to come to terms with a proposal of a plea bargain. Richards stated that the case had been registered with his Court some three months before the accused appeared before him. He added that the State cannot keep the charges hanging without the accused knowing his fate.
He pointed out that he does not want the case before him to drag on as it has done some years ago.
Justice Richards also told Lawyer Camara to inform the Senior Counsel in the defence team, Lawyer Antouman Gaye to come up with a proposal for a plea bargain.
He adjourned the case till Monday 25th January, 2010 for the defence to file a plea bargain proposal and serve the State.
“It could be recalled that the ex- Lord Mayor of the Kanifing Municipal Council, Lai Conteh was standing trial on charges of economic crime; fraud; resisting arrest; and willfully obstructing an officer in the course of executing his duties", our correspondent says.
Previously, Justice Haddy Roche dismissed all charges against the accused when the case was before her. However, the State was dissatisfied with the decision of the Court, and decided to send an application to the Court of Appeals for a re-trial. The Court of Appeals ordered for a re-trial, which is now before Justice Moses Richards at the Criminal Division of The High Court in Banjul.