Service Commission after investigations and due deliberations pursuant to the
petition.
The Defendant vehemently opposed the Plaintiff’s assertion that the President
receives and announces outcomes of police investigations and further stated that,
on the contrary criminal investigation reports are forwarded to the office of the
Director, Public Prosecution at the Attorney General’s Chamber for legal advice and
further actions as may be necessary. The Defendant therefore maintained that the
Plaintiff was properly charged based on the outcome of the investigation report
submitted to the Attorney Generals Chambers by the police, the legal opinions and
surrounding facts.
According to the Defendant, the said investigations, only offered a limited reprieve
for the Plaintiff’s actions in referring the matter to the Gambian National
Intelligence Agency, and did not commend or clear the Plaintiff of any wrong doing.
The Defendant again stated that the investigation reports are not conclusive in the
sense that final decision to bring charges or not rests with the Director of Public
Prosecution.
The Defendant denied that the trial judge in his case had any corruption case before
or during the trial of the Plaintiff and that primarily informed the refusal of his
application requesting the trial judge to recuse himself from the trial since the facts
deposed to in the affidavit disclosed no grounds to warrant granting the
application. The Defendant further submitted that it did not file an affidavit in
opposition to the appeal at the Supreme Court because the allegations were
targeted at the trial Judge.
7