Magistrate
Dayoh M. Small-Dago of the Brikama magistrates’ court yesterday acquitted and
discharged Ensa Jarju, Adama Danso and Fatou Sonko, former nurses at the
Brikama health centre of the all the charges against them.
Ensa Jarju, Adama Danso, Fatou Sonko and another nurse, Ndey Touray, were earlier charged with three counts of rash or negligent conduct, giving false information and official corruption.
In his ruling, the trial magistrate said the laws of The Gambia provide that, if at the close of evidence in support of the charge sheet before the court, a case was not made out against the accused sufficiently to require him or her to make a defence, the court shall in relation to that particular offence acquit and discharge the accused.
“I have looked and listened to all the prosecution witnesses that testified before the court, and the exhibits tendered and admitted in court,” he said.
“I must say at this point that none of the prosecution witnesses made a case against the 1st, 3rd and 4th accused persons to warrant the court to allow them open their defence,” said the magistrate.
He added that if there was no evidence to support the charge against the accused persons, the court shall acquit and discharge them.
“I hold the fact that there is no iota of evidence either through the prosecution witnesses or evidence tendered in court cogent to warrant the 1st, 3rd and 4th accused persons to open their defence,” the magistrate stated.
“In view of the above, I hereby acquit and discharge the 1st, 3rd and 4th accused persons,” the magistrate declared.
The case was then adjourned to 17 April 2014, for the 2nd accused person, Ndey Touray, to open her defence.
Count one stated that Ensa Jarju, Ndey Touray, Adama Danso and Fatou Sonko, on 23 November 2013 between 21 and 22 00 hours at Brikama Health Centre in Kombo Central district, being employees of medical and health department at the time acted in a rash or negligent manner causing the death of Binta Bah’s newly-born baby, and thereby committed an offence.
Count two stated that the accused told the officers at Brikama CID office that the photograph report dated 23 November 2013 was prepared by the afternoon shift, which information they knew or believed to be false.
Count three stated that the accused persons in charge of the labour ward at the time, after delivering of Binta Bah’s newly-born baby corruptly obtained the sum of D1, 500 from Isatou Sowe, in the discharge of their duties.
