Aug 10, 2010, 2:44 PM
Magistrate George of the Kanifing Magistrates' Court has ruled in favour of the prosecution in a no-case submission made by defence counsel Sagarr Jahateh in defence of her client Daniel Able Thomas.
Thomas is charged with assault on count one, and assault causing grievous bodily harm on count two.
The prosecuting officer, Inspector Mballow, also filed a reply to the submission made by the defence counsel.
In his ruling, Magistrate George told the court that the particulars of offence were reasonable.
He said further that the evidence adduced by the prosecution witnesses had substantive support to the prosecution's case.
He indicated that the accused forced down the complainant and fractured his leg, adding that the medical certificate that was tendered and admitted indicated that the complainant suffered a fracture from his right tibia bone.
The trial magistrate added that the accused intentionally and unlawfully assaulted the complainant.
"The evidences of the prosecution witnesses corroborated and the prosecution had made a prima facie case," the magistrate stated.
The first prosecution witness, magistrate George added, told the court that the accused attacked her, hit her on her side and told her he would kill her.
He further ruled that PW1 stated that she suffered bruises on her arm, pain on her ribs and also a swollen cheek.
Magistrate George stated that the defence counsel did not contradict the pieces of evidence before the court.
He indicated that the defence counsel argued that PW1 did not sustain injuries and that "the bruises are not bodily harm".
There was assault, which caused bodily harm, he said, adding that there was no need for the accused to recklessly attack the complainant.
He revealed that the accused was charged as the one who committed the offence.
The case was adjourned till 8 December 2010 for the accused to open his defence.