Mar 25, 2009, 8:45 AM
The Special Criminal Court yesterday called on one Alagie Modou Modou Jeng, biological father of one Malick Jeng, now deceased, and Dembo Bojang, a supposed marabout, who are currently facing trial on charges of conspiracy to murder among others, to enter into their defence in the allegation preferred against them.
Jeng and Bojang are facing a five-count indictment, including conspiracy to murder, administration of noxious substance to endanger or cause grievous harm, murder, rash or negligent act causing death and failure to provide the necessities of life, thereby endangering life.
This followed a ruling on the no-case-to-answer submission filed by their defence counsel, Lamin Camara and Hajum Gaye, after the closure of the prosecution's case.
It would be recalled that the lawyers representing the accused persons, LS Camara and Hajum Gaye, following the prosecution's announcement that they have closed the case, opted to file a no-case-to-answer submission, which the court overruled.
The presiding judge, Justice J.E. Ikpala, in his ruling said the accused persons have a case to answer, as the prosecution established a prima facie case against them, and subsequently called on them to open their defence
He then adjourned the hearing till 6 June 2011 for defence.
S. Abi, Deputy Director of Special Litigations at the Attorney General's Chambers, represented the state at yesterday's proceedings.
The indictment on count one stated that on 1 March 2010, at various places, the accused persons conspired among themselves to murder one Malick Jeng.
Count two indicated that the duo on the same month and date at the premises of Demba Bojang in Somita village administered noxious things on the person of Malick Jeng, which endangered his life.
The third count read that the accused persons on 1 March 2010 in Somita village unlawfully caused the death of Malick Jeng.
Count four alleged that the accused persons on the same date and place rashly and negligently administered herbs on Malick Jeng, and thereby caused his death.
And count five stated that the accused person, Alagie Modou Jeng, between January and March 2010 in The Gambia, being the biological father of Malick Jeng and the person charged with the duty of providing necessities of life, failed to provide orthodox medication to Malick Jeng and thereby caused his death.