The criminal trial for common nuisance and assault involving one Lamin Ceesay, Mamina Sambou, Isatou Bah, Fatou Ceesay, Lamin M.Ceesay, Awa Bah, Mariama Ceesay and Isatou Ceesay continued recently at the Brikama Magistrates' Court before Prinicipal Magistrate Nkea.
In his no-case submission, lawyer Ousainou Darboe submitted that the accused persons were charged with common nuisance and assault.
According to defence counsel Ousainou Darboe, there must be evidence of an essential element connecting the accused persons with the offence charged.
Lawyer Darboe submitted that, on count one, the accused persons were charged with common nuisance. He submitted that there is no evidence from any of the prosecution witnesses to establish the element, in accordance with section 160 of the criminal code.
He noted that the second count is assaulting a police officer. He adduced that the prosecution's first witness (PW1), Assan Bojang, in his testimony told the court that they went to the compound of the accused persons to effect an arrest on one Sarjo Ceesay, but this was not possible. Darboe further submitted that PW1 said while they were inside the compound trying to arrest the said Sarjo Ceesay he noticed that stones were been thrown at Paul Gomez, but he did not know who the persons were.
He submitted that PW3, Paul Gomez, in his evidence in chief told the court that, when they went to arrest Sarjo Ceesay, stones were coming from all corners of the compound.
Defence counsel Darboe submitted that PW3 also told the court that he was stoned on his helmet until it fell down, and he sustained injury on his head.
Counsel Darboe submitted that the prosecution witnesses' evidence were manifestly unreliable.
What even makes the evidence unreliable was that the prosecution witnesses said when the accused persons were arrested and searched the 1st accused, Lamin Ceesay, was found in possession of seven raps of cannabis, and that none of the NDEA officers came to give evidence on that. He submitted that if that was true, the 1st accused should have been charged for that, which is more serious than the two counts he was charged with.
Counsel submitted that PW3 stated that they went to arrest Sarjo, and they found him with stones, sticks, a cutlass and that he was handling a bottle in his hand and, when they approached him, he started to throw all these items at them.
Counsel Darboe submitted that PW1 told the open court that the cutlass was found under the bed of Sarjo Ceesay.
He added that the prosecution witnesses told the court that during the arrest, more than 300 people joined Sarjo's family in throwing stones on them and they did not know any of them, neither to identify them.
Counsel Darboe told the court that the charged is a mere fabrication and unreliable. He then urged the court to acquit and discharge the accused persons.
The police prosecutor, Inspector Fadera, applied to the court to give him more time to enable him file his response, and was given until 6th September 2009 to file his response.
The case was adjourned to 15th September 2010 for continuation.
