Magistrate Bojang of the Kanifing Magistrates’ Court recently ruled against the no-case submission made by Lawyer Omar Njie on behalf of one Ensa Saidy, who was charged with stealing from a motor vehicle.
Magistrate Bojang, in his ruling, ordered the accused, Ensa Saidy, to enter into his defence, adding that the prosecution had established a prima facie case against the accused.
This followed the no-case submission made by Lawyer Omar Njie.
In his submission, the defence counsel stated that the offence with which the accused was charged and the particulars were contained in the charge sheet before the court. He further submitted that 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 submitting that the court should uphold the submission of the no-case to answer and acquit and discharge the accused,” the defence counsel told the court.
He cited some authorities to back his submission.
He said further that to go to the particulars, no evidence had been led on the essential element, and that the accused did not steal anything.
Lawyer Omar Njie further argued that the accused was alleged to have stolen the property of Yunus Komma.
He posited that from the evidence of Yunus Komma, he said nothing was stolen from him, and that the prosecution had only one witness.
Yunus Komma said he had a bag and money which were not stolen, the defence counsel argued, saying the court should therefore acquit and discharge the accused.
But Magistrate Bojang did not agree with him and ordered the accused, Ensa Saidy, to enter into his defence. “He has a case to answer,” said Magistrate Bojang. After the no-case submission made by the defence counsel, prosecuting officer Sergeant 335 Nying rose to tell the court that the prosecution relied on the evidence of the prosecution witness.
The case was adjourned till 14 April 2014, for defence.