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May 18, 2012, 2:57 PM
Following five years of legal battle, two brothers, Victor Gomez and John Gomez, who were standing trial for allegedly killing one Abibou Gibba, an NIA Officer since 2004, were last Thursday discharged by the Brikama High Court.
Justice Ngui Mboob-Janneh discharged the accused persons, who had since denied the charge against them, for "lack of substantial ingredients and proper investigation by the police".
In her pronouncement, Justice Ngui Mboob-Janneh stated that the police called in seven witnesses but none of them were able to say the actual cause of the death of the deceased.
"After looking at all the evidence and submissions, it is my considered opinion that there is no substantial evidence that requires the accused persons to enter their defence", Justice Ngui Mboob-Janneh said.
She noted that from the evidences before the court, there is no fact establishing the crime the accused persons are charged with.
"Based on the lack of establishing sufficient ingredients, I hereby uphold the 'no case submission' in favour of the first and second accused persons, Victor and John Gomez. I find that there is merit in the application and I accordingly discharge the accused persons", she said
Justice Ngui Mboob-Janneh also added that there is no evidence that the police went to the compound where Sainey Badjie allegedly stated that the 1st accused picked the 2nd accused, and there was no further investigation as to the relationship between the accused persons and the deceased.