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British national has no case to answer

Jun 11, 2014, 10:56 AM | Article By: Dawda Faye

Magistrate Tabally of the Kanifing magistrates’ court yesterday acquitted and discharged Reginald Thompson, a British national, who was charged with common nuisance and destroying evidence.

This development followed the no-case submission made by Lawyer Moses Richards on behalf of the accused person.

In his ruling, Magistrate Tabally told the court that at the closure of the case of the prosecution, the defence made a no-case submission.

He said the prosecution relied on the evidence of the prosecution witnesses.

Going through the submission made by the defence counsel and the evidence of the prosecution witnesses, Magistrate Tabally said the prosecution did not prove the essential elements of the offence.

The prosecution should have called all the material witnesses, but it failed to do so, he added.

“The prosecution has woefully failed to prove its case beyond reasonable doubt,” Magistrate Tabally declared, and announced that he would uphold the no-case submission made by the defence.

The court consequently acquitted and discharged the accused person.

The prosecution stated in its particulars of offence that Reginald Thompson on 22 March 2014, at Palma Rima Hotel in the Senegambia area in the Kanifing Municipality, wilfully and unlawfully damaged a laptop which contained a series of child pornography films in order to prevent if from being used as evidence against him, and thereby committed an offence.

It was also alleged that Reginald Thompson on the same date and at the same place without authority and with intent to annoy, obstruct or cause inconvenience to the public played child pornographic films from his laptop at the reception, an act which caused inconvenience to the people around him at the time, and thereby committed an offence. Reginald Thompson had denied any wrongdoing.