Dec 7, 2011, 1:37 PM
Lawyer Fafa Mbai on 20th January 2010 objected to an application made by Inspector Mballow, prosecuting officer, for an additional charge of conspiracy against Ndey Korka Ndong, in a case before Senior Magistrate Abdoulie Mbacke of the Kanifing Magistrates' Court.
Ms. Ndong was earlier, along with Aji Kumba Ndure, charged with stealing from a dwelling house.
Inspector Mballow told the court that he was making the application for an additional charge, as count two, under Section 169 and subsection 1 (a) of the CPC.
Lawyer Fafa Mbai, representing Ndey Korka Ndong, argued that conspiracy is about two or more people who have agreed to commit an offence. He further submitted that it was Aji Kumba Ndure who stole from the dwelling house and had already pleaded guilty, and that this had no bearing on Ndey Korka Ndong.
Inspector Mballow, however, urged the court to rule against the objection made by the defence counsel, adding that the evidence from Aji Kumba Ndure revealed that there was an agreement between her and Ndey Korka Ndong.
He further argued that since the accused has not entered her defence, there would be injustice if his application was not granted. He went on to say that Section 169 and subsection 1 (a) were applicable in the case.
He submitted that the application be granted in the interest of justice. He further cited some authorities to support his argument. He further submitted that the prosecution has the discretion to amend any charge before the conclusion of a case.
Lawyer Fafa Mbai, however, challenged the authorities cited by the prosecutor as not relevant. He argued that the prosecutor has not referred to any evidence from the witnesses to back-up his argument or to give weight to the authorities. Fafa Mbai also stated that the evidence of the prosecution witnesses did not show that there was conspiracy between Aji Kumba Ndure and Ndey Korka Ndong.
Magistrate Mbacke subsequently adjourned the case to 2nd February 2010, for a ruling.