Principal
Magistrate Isatou Janneh-Njie of the Banjul Magistrates’ Court recently
acquitted and discharged Sainabou Ngum, the executive director of Masanneh
Ceasay Fish and Vegetable Enterprise at Sarro.
This
was after the prosecution failed to prove a charge of disobedience of statutory
duty.
In
her judgment, magistrate Isatou Janneh-Njie disclosed that Sainabou Ngum (the
accused) was arraigned before the court on 27 January 2016 and charged on a
single count of disobedience of statutory duty.
The
particulars of offence alleged that on 24 August 2015, at Masanneh Ceasay Fish
and Vegetable Enterprise in Sarro and diverse places in the city of Banjul,
being the Executive Director of the said enterprise, willfully disobeyed to
process the inspection procedure of exportation and acquire health certificate
for two containers of fish purported for Holland and China from the Food Safety
and Quality Authority.
She
disclosed that the accused pleaded not guilty to the charge and in a bid to
prove its case, the prosecution called five witnesses and tendered the
cautionary statement in support of its case.
The
accused also gave sworn testimony and tendered exhibits to support her defence.
Magistrate
I. J. Njie said the Inspector General of Police (IGP) received an Executive
Directive from the Office of the President to probe into Kadijatou Kodou
Touray; the principal scientific officer at the Food Safety and Quality
Authority (FSQA), and Masanneh Ceasay Fish and Vegetable Enterprise.
She
said two issues came up for determination; whether the accused person willfully
disobeyed any Act by omitting to process the inspection procedures for
exportation as required by an Act and acquire a health certificate, and whether
it concerns the public or any part of the public.
Magistrate
Njie disclosed that from the totality of the evidence before the court there
was nothing to show or suggest that the accused willfully disobeyed an Act
which has imposed a duty on her and she failed to do same.
She
further disclosed that both the prosecution witnesses and the accused person
established that the accused person indeed followed all the procedures before
the containers left the shores of The Gambia.
The
presiding magistrate stated that the court could not embark on a speculation
nor should it indulge in guess work in order to fill the gap left in the
prosecution’s case, adding that the court of law could not speculate on issues
that were not before it.
Principal
magistrate Isatou Janneh-Njie remarked that the prosecution failed to discharge
the burden placed on it by law to prove beyond reasonable doubt.
The
accused, Sainabou Njie, was accordingly acquitted and discharged of the offence
charge, the magistrate declared.
