Dec 30, 2011, 2:30 PM
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.