OPINION ON THE DECEMBER 1ST 2016 PRESIDENTIAL ELECTIONS two outgoing students of The Gambia Law School (patiently awaiting Call to The Gambian Bar, hopefully, as soon as the current impasse ends).
Jan 16, 2017, 12:11 PM
Magistrate Abeke of the Bundung Magistrates’ Court recently acquitted and discharged one Habibou Cham, a native of Sukuta, in the Kombo North district of the West Coast Region, of the offence of obtaining money by false pretence.
The trial magistrate, in delivering his judgment, stated that the charge sheet read in court indicated that on 4 October 2013, at Sukuta village in Kombo North district of the West Coast Region, with intent to defraud he obtained the sum of D270,000 from the complainant, Alieu Sowe.
The accused person pleaded not guilty to the charge, and the prosecution produced five witnesses.
At the closure of the prosecution’s case, the defence counsel made a no-case-to-answer submission, which was overruled by the trial magistrate.
According to the magistrate, the evidence of the fourth and fifth prosecution witnesses has no weight, and the complainant made it clear that the accused was present at the time, but as a witness.
The owner of the said land is Buba Bojang, who sold the land to the complainant and not the accused person, he said.
“In the light of the above, I hold that the prosecution has woefully failed to prove it case beyond all reasonable doubt, and I hereby acquit and discharge the accused,” the magistrate declared.