Nov 30, 2011, 12:04 PM
Omar Kujabi, a co-accused in a criminal case of conspiracy, stealing and forgery was on Wednesday 26thAugust 2009, acquitted and discharged by a Magistrate Court in Banjul.
This follows a 'no-case-to-answer' submission made by the Defence Counsel, Badou Conteh.
In delivering his ruling, Magistrate Edrissa Mbai stated that the accused was first arraigned and charged, together with one Alhagie Darboe on 27th February 2009, both of whom, pleaded not guilty.
He stated that the 2nd accused, Alhagie Darboe, later changed his plea to guilty and was accordingly convicted and sentenced, but Omar Kujabi chose to maintain his plea of not guilty.
He added that his Defence Counsel made a no-case-to-answer submission, and the prosecution in turn filed in their reply.
According to Magistrate Mbai, after carefully studying the submissions of both the defence and the prosecution, the court found out that the prosecution had failed to prove a prima-facie case against the accused.
He posited that the prosecution must prove beyond reasonable doubt that the accused had conspired with another to commit an unlawful act.
He said that the co- accused, Alhagie Darboe, told the court that he did not get the disc from the accused.
On the charge of stealing, Magistrate Mbai maintained that there was insufficient evidence, and that the prosecution had failed to prove this count too.
He said based on the reasons given, the no-case-submission is being upheld. Consequently, the accused was acquitted and discharged of all the counts.
Alagie Darboe, his co-accused was earlier sentenced to a fine of D5, 000, in default to serve one year in prison on count one, while on count three he was fined D10, 000, in default to serve two years in prison.