Apr 22, 2009, 7:05 AM
Babucarr Jawara and Momdou Salieu Jallow were recently discharged and acquitted by the Brikama Magistrates’ Court for the offence of prohibition of conduct.
Delivering his judgement, Magistrate Colley said the prosecution called three witnesses, but proceeded with only two and tendered one exhibit.
He added that the accused persons testified as DW1 and DW2 respectively, adding that DW3 was called by the 1st accused, Babucarr Jawara.
Magistrate Colley further stated that the issue needed to be addressed in the case was whether the two compounds are public place according to the provision, whether the throwing of stones was a threatening behaviour and whether the accused persons had the intention to provoke breach of the peace.
He said the above issues were crucial elements of the charge and if all were answered in the affirmative beyond reasonable doubt, then the prosecution’s case could be said to be proved.
He revealed that not a single witness had convinced him that he or she had seen the accused persons engaged in throwing stones.
Regarding issue three, whether the accused persons had the intention to provoke the peace, the magistrate said even a devil does not know one’s intention.
Magistrate Colley further stated that the two compounds that are neighbours did not qualify to be called a public place, because there is restriction of access to the public.
“In the light of the above, I hold that the prosecution had failed to prove every element of the charge beyond any reasonable doubt as required by law,” he said. “Accordingly, I hereby acquit and discharge the accused persons.”