The Kanifing Magistrates' Court presided over by Magistrate Tabally recently acquitted and discharged one Jainaba Sanneh, second accused, in the theft case involving her and one Ebrima Jatta.
The decision was taken after the first accused, Ebrima Jatta, finished his testimony before the court.
Magistrate Tabally told the court that in a criminal trial, it is for the prosecution to prove all the elements of the offence before the court.
"The second accused is not to prove her innocence," the trial magistrate told the court, adding: "There is no single evidence that implicated the second accused person."
He revealed further that the prosecution witnesses and the first accused earlier informed the court that it was the first accused that was responsible for the keys of shelf, the sales and the proceeds of the shop.
He said the first accused suspecting the second accused "is not a substance and therefore is self-serving".
In law, a matter of evidence requires corroboration, he says.
"Pursuant to section 166 CPC, the court is hereby entered a no-case-to-answer for the second accused and is hereby acquitted and discharged," the magistrate told the court, paving the way for a continuation of the trial, which resumes on 14 April 2011.
According to the particulars of the offence, the accused persons, in January 2011, at Bakau Newtown, stole from the shop of Femi Toshun three mobile phones and a coda digital camera.
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