Justice Ebrima Jaiteh of the High Court in Banjul yesterday dismissed lawyer Abdoulie Sissoho’s application to arrest the Executive Secretary of TRRC, Dr Baba Galleh Jallow.
Justice Jaiteh’s ruling was premised on an application made by lawyer A. Sissoho for a warrant to be issued against Executive Secretary, Dr Baba Galleh Jallow to show cause why he should not be cited for contempt of court for allegedly refusing to appear in Court to produce documents the Defence termed relevant to the case.
However Justice Jaiteh stated that the summons served on the Executive Secretary was brought under the wrong Criminal Procedure Form.
Justice Jaiteh then set aside the subpoena and asked lawyer Sissoho to apply afresh and urged him to use the appropriate Judicial Form.
Justice Jaiteh stated there are two varieties of subpoenas, subpoena decus tecum which requires a witness to appear and bring specific documents or records and subpoena ad testificandum which requires a witness to attend and give evidence and produce documents.
The trial Judge said the Defence Counsel submitted that the subpoena brought was in pursuant to section 221 of the Evidence Act 1994 which deals with the production of documents without giving evidence.
Justice Jaiteh revealed that the Executive Secretary of the TRRC is not a witness and therefore, the Criminal Judicial form used by the Defence Counsel was the wrong form and misleading as it commands the TRRC Executive Secretary to attend court and testify as a witness.
Justice Jaiteh noted that the proper judicial form that the Defence Counsel ought to have used is form 17, “notice to produce documents at trial” which is in tandem with the provisions of Section 221 of the Evidence Act.
The matter was adjourned to 18 November, 2019.