Feb 24, 2009, 6:35 AM
Principal Magistrate Kayode of the Kanifing Magistrates' Court will today deliver judgment in the case involving Femi Peters, who was earlier charged with control of procession and the use of a loudspeaker, a charge he denied.
After the end of the testimonies of the prosecution witnesses, lawyer Ousainou Darboe, the defence counsel, made a no-case submission.
He said that the prosecution did not establish a prima facie case, and urged the court to discharge and acquit the accused person.
Prosecuting officer, Inspector Fadera, replied that the prosecution had proved their case beyond all reasonable doubt, and urged the court to ask the accused to enter his defence.
When the case resumed, the court ruled that the accused has a case to answer and urged him to open his defence.
Consequently, when the court resumed sitting, the accused was asked to enter his defence.
The accused told the court that he would not enter his defence in the absence of his counsel, who was not present in court. Subsequently, he declared that he has rested his case, after the magistrate said he should enter his defence.
The magistrate then adjournment the case for judgment. However, the defence counsel succeeded in applying for the judgment to be postponed.
Lawyer Ousainou Darboe then addressed the court when it resumed sitting, and submitted that the burden of proof rests on the prosecution, and that the prosecution had failed to prove its case beyond all reasonable doubt. He again urged the court to discharge and acquit the accused.
Police prosecutor Fadera in reply said that the prosecution should prove its case beyond all reasonable doubt, does not mean that they should prove all the elements of the offence charged. He urged the court to convict the accused person.
Consequently, the trial Magistrate adjourned the case for judgment today.