Lawyer Omar
Njie, who is defending Ensa Saidy, who was charged with stealing from a motor
vehicle, on 5 March 2014, made a no-case-to answer submission before Magistrate
Bojang of the Kanifing Magistrates’ Court.
In his submission, Lawyer Omar Njie told the court that he was making a no-case submission on behalf of the accused.
He submitted that the offence with which the accused was charged and the particulars of offence were contained in the charge sheet, which was before the court.
He said the accused had no-case to answer to the offence charged because there was no evidence to prove certain essential elements of the alleged crime.
“We are therefore submitting that the court should uphold the submission of no-case to answer and acquit and discharge the accused,” stated Lawyer Njie.
He argued that if the court referred to the particulars, no evidence had been led on the essential elements, adding that the accused did not steal anything.
Lawyer Omar Njie posited that the accused was alleged to have stolen the property of Yunus Komma.
He submitted that from the evidence of Yunus Komma, he told the court that nothing was stolen from him, adding that the prosecutor had only one witness.
“Yunus Komma said he had a bag and money which were not stolen,” submitted Lawyer Omar Njie.
He urged the court to acquit and discharge the accused.
The prosecuting officer, Sergeant 335 Nying, rose and told the court that the prosecution relied on the evidence of the prosecution witness.
The case was adjourned till 19 March 2014, for ruling.