Lawyers for embattled SLPP politician Alie Kabba plan to storm the Law Courts building today with a motion to quash the Committal Order handed down by Magistrate Seray-Wurie.
The Lawyers will be asking the High Court to impose an ‘Order of Certiorari’ because they allege that, Magistrate Seray-Wurie failed to give Alie Kabba the “right to call his witnesses and for their depositions to be accordingly taken down and recorded in the like manner as was done in the case of witnesses for the Prosecution …”
The lawyers are arguing further that the Magistrate proceeded to immediately order that Alie Kabba should stand trial in the High Court just after his ruling on a “No Case” submission, “without first according the Defendant the right to call his witnesses at trial.”
They also maintain that Magistrate Seray-Wurie “did not apply the Audi Alteram Patem (hear the other side) Rule of natural justice …”
The lawyers Kaifala, Conteh & Co plan to ask the court to impose an Order of Mandamus directed at Magistrate Seray-Wurie “to conduct proper Preliminary Investigations in the matter and afford the Applicant the right to be heard as mandated by law.”
Furthermore they are asking the Court to discharge the case against Alie Kabba.
Monday February 08, 2016
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