Following the end of the testimonies of the prosecution's witnesses against the accused persons, namely Amadou Jallow, Amadou Bailo Camara and Saikou Trawally, who were charged with obtaining D1,700,000 and 55 million CFA by false pretence, defence counsel, Lawyer Mboge, informed the court before Senior Magistrates' Court that he wished to make a no case submission under section 166 of the prosecution there is no sufficient evidence against the accused persons, it is mandatory upon the court to discharge and acquit them.
He submitted that the monies, according to PW1, were loans to be paid back. He argued that there was no case of obtaining money by false pretence. He further stated that the act of giving out the money to the first accused was out of the court's jurisdiction. He went on to say that PW1 had maintained throughout his evidence that he had no money to give to the accused. He submitted that the evidence of PW1 was not sufficient to support the charge of obtaining money by false pretence and that the charge of conspiracy could not be supported by the evidence of PW1.
He indicated that PW1 said that he deposited D50, 000 with one Matarr Sowe at Basse and nobody knows what the said Matarr had done to the money. He added that the prosecution had failed to call one Lamin Jallow before the court to establish that he had paid this sum to the first accused.
He further submitted that the prosecution had also failed to call Matarr Sowe as a witness to confirm that the D1.7m was paid to the third accused. He added that the allegation was a fabrication and incredible piece of evidence.
He submitted that the prosecution had failed to prove its case or to establish a prima facie case against the accused persons. He urged the court to uphold his application.
Magistrate Mbacke subsequently adjourned the case to the 15th September, 2009, when the prosecution is expected to reply to the no case submission made by the defence counsel.
