The Kanifing Magistrates' Court, presided over by Magistrate Tabally, on 18 January 2011, discharged and acquitted one Joseph Carrol, following a no-case-to-answer submission filed by defence counsel Pap Cheyasin Ousman Secka.
According to the particulars of offence, the accused, Joseph Carrol, on 26 August 2010, at Gambia Electrical Company Ltd, being an employee at the said company and by virtue of that employment, stole four refrigerator compressors each costing D4,700, being the property of Gambia Electrical Company .
In delivering the ruling, the presiding magistrate informed the court that the accused was standing trial of stealing by clerk or servant, a charge he has denied.
He revealed that the prosecution called two witnesses to testify and the defence counsel made a no-case-to-answer submission.
After going through the evidence adduced by the prosecution witnesses, the court found that the prosecution had failed to establish a [prima facie] case against the accused.
"Looking at the totality of the evidence and the submission of the learned counsel, I uphold the no-case-to-answer submission and the accused is hereby discharged and acquitted," Magistrate Tabally ruled.
