The Banjul High Court yesterday acquitted and discharged
two former military sergeants and three civilians of the offences of conspiracy
and robbery.
Sgt. Bala Musa Saidy and Sgt Modou Lamin Bah, both former military officers, and Amadou Bailo Camara, Mamkamang Sanneh, and Mamadi Darboe, all civilians, were acquitted and discharged by Justice Amie Joof.
Justice Amie Joof, who delivered the judgment, stated that the accused persons were charged with robbery and conspiracy to commit robbery, and they denied the charges when it was read to them.
She stated that the prosecution called nine witnesses in support of their case, and tendered exhibits, while the accused persons also testified in their defence.
Justice Joof added that after the closure of the defence case, both parties filed a written address to the court.
She added that in order to sustain a conviction, the prosecution must prove their case beyond all reasonable doubt, and must provide the necessary ingredients in the criminal case.
She added that the prosecution should endeavor and prove the element of robbery beyond all reasonable doubt, and asking – “where was robbery committed in this transaction?”
The judge noted that the prosecution did not prove the main ingredients of the charge, and the evidence did not support the charge against the accused persons.
She stated that the prosecution had failed to prove their case beyond all reasonable doubt, and consequently acquitted and discharged the accused persons.
In count 1, the particulars of the alleged offence stated that the accused persons on 22nd May 2008, at Kerr-Sering, with actual violence, robbed one Mamudou Ceesay of 14,000 Euros and D5, 530.
On count 2, the alleged offence read that on 22nd May 2008, at Banjul and diverse places, the accused persons conspired and robbed Mamudou Ceesay of 14,000 Euros and D5, 530.
