Senior Magistrate Abdoulie Mbacke of the Kanifing Magistrates' Court yesterday refused the application made by the prosecution to file an additional charge against the accused, Ndey Korka Ndong.
The police prosecutor, Inspector Mballow, earlier on applied to amend the charge sheet for an additional charge of conspiracy.
Defence counsel, Fafa Mbai objected to the prosecution's application for an additional charge, stating that the 1st accused was charged with stealing from a dwelling house, to which she 'pleaded guilty.' He noted that this has no bearing on conspiracy. He further stated that all the prosecution witnesses did not state in their evidence that there was conspiracy between the accused persons.
In delivering his ruling, Magistrate Mbacke stated that the court has considered the application made by the prosecution, and the objections raised by the defence counsel. Mbacke noted that he is of the view that the said application was not in order.
He said that the accused persons are charged with one count of stealing for which the first accused 'pleaded guilty', while the second accused denied committing the act.
According to him, the prosecution should have done that when the accused persons were brought before the court.
The prosecution applied for an adjournment to enable them contact the Attorney-General Chambers for advice.
The case was adjourned to 10th February 2010.
