Musa Fanneh was recently acquitted and discharged by Justice Sainabou W. Cisse
of Hig Court in Banjul after the prosecution could not proved the charge
against the accused beyond reasonable doubt.
The suspect was charged with a single count of being in possession of forged notes contrary to Section 334 of the Criminal Code Cap 10:01, Volume 3, Revised Laws of The Gambia, 2009.
The particulars of offence stated that Musa Fanneh on or about the 28th of January, 2016, at Sanyang village in the Kombo South Distrct, had in his possession forged currency notes amounting to two hundred dollars (US$ 200) knowing that it is unlawful.
In her judgment, Justice Sainabou Cisse disclosed that the prosecution called four witnesses and tendered four exhibits in proving the charge against the accused who testified as a lone witness in his defence.
The judge said among the witnesses called were officials from the Central Bank of The Gambia who testified that the dollar notes were forged.
Justice Sainabou W. Cisse disclosed that the accused testified that he is a fisherman and that the notes were given to him by a friend.
The trial judge pointed out that in order for the prosecution to secure a conviction, it need to prove whether the accused knew that the notes were forged, adding that mere possession is not sufficient.
Justice Sainabou W. Cisse therefore declared that the prosecution failed to prove the charge against the accused person and he was subsequently acquitted and discharged.