Magistrate
Isatou Janneh-Njie of the Banjul Magistrates’ Court yesterday discharged Ebrima
Jawara, who was charged with punishment for malicious injuries in general.
This
followed the application made by the defence counsel, Momodou Drammeh, to
strike out the case and discharge the accused person.
When
the case was called, the defence counsel and the accused person were present,
but the prosecutor was absent.
The
defence counsel reminded the court that it ordered, at the last sitting that if
the prosecutor failed to appear in court, the accused person would be
discharged.
In
her ruling, the presiding magistrate told the court that at the last sitting
the prosecutor was absent, and no reason was given.
The
defence counsel then applied for the case to be struck out, and the accused
person discharged and acquitted.
The
prosecutor was yesterday again absent, and there was proof of service,
indicating that a hearing notice was issued to the prosecution.
Magistrate
Janneh-Njie further stated that since the prosecutor had failed to appear in
court, she would grant the application made by the defence counsel to strike
out the case and discharge the accused.
Consequently,
she struck out the case and discharged the accused person.