Magistrate Babucarr Secka of the Brikama Magistrates' Court Thursday overruled a no-case-to-answer submission made by defence counsel Buba Jawo on behalf of his client, Omar Faye, the alkalo of Busura village.
Omar Faye, the alkalo of Busura village, is currently standing trial for abuse of office, and is now expected to enter into his defence.
In his ruling, the trail magistrate stated that the issue before the court was not about a title deed, which the defence made in his submission, but the criminal offence of abuse of office, which the accused was charged with.
He, therefore, overruled the defence counsel no-case-to-answer submission, and called on the accused person to enter into his defence.
Defence counsel Buba Jawo, in his submission before the court, had stated that the accused was brought before the court and charged with abuse of office.
He said the prosecution called ten witnesses to testify before the court, and that the first prosecution witness, PW1, in his testimony stated that the land in question belonged to Jarju Kunda family in Marakisa, while PW2 stated that the land belonged to Jatta Kunda family of Busura village.
Counsel Jawo further submitted that none of these witnesses were truthful witnesses, and also none of the witnesses who testified before the court knew the size of the land in question.
He also submitted that the accused person could not be charged with a criminal offence by giving his own land to someone.
He said the Jarju Kunda Family took advantage of the existing apology letter and claimed a portion of that land.
In his reply, the police prosecutor, CLP 358 Sarr, stated that the accused was charged with abuse of office, and the issue before the court was not about the title deed, but about abuse of office by a public servant.
He said the accused took somebody's land and allocated it to the another party, which made the involvement of the Jatta Kunda families, who were arrested and taken to the Brikama Police Station.
CPL Sarr further submitted that at the two meetings held in the accused person’s compound, it was clearly agreed that the said land belongs to the Jarju Kunda family which made the accused to write an apology letter to the people of Marakisa village, including the Jarju Kunda family.
He said all the prosecution witnesses that testified in court did not have the geographical knowledge in terms of mapping, but what was important was to know who owned the said land.
He added that the land in question was inherited by the Jarju Kunda family.
The case was then adjourned till 14th April 2011 for the accused person to enter into his defence.
