Lawyer Lamin Camara, who is representing Awa Beyai and Awa Sanneh, nurses at the Serrekunda Health Centre charged with neglecting official duty and abuse of office along with Ndey Ceesay, on 17 September 2014 made a no-case submission before Magistrate Tabally of the Kanifing Magistrates’ Court.
Lawyer Kebba Sanyang had already filed a no-case submission on behalf of Ndey Ceesay.
In his submission, Lawyer Camara told the court that he was making a no-case submission under the criminal procedure code on behalf of Awa Beyai and Awa Sanneh.
He said the prosecution had failed to make a prima facie case.
Awa Beyai and Awa Sanneh were charged with neglecting official duty and abuse of office.
Counsel argued that for the prosecution case to succeed, it must prove that Awa Beyai and Awa Sanneh abdicated their responsibilities as nurses at the health centre on 17 November 2013, when Isatou Sambou, the complainant, walked in to seek assistance.
The prosecution must also demonstrate that they deliberately failed to attend to Isatou Sambou in abuse of their office.
Counsel further stated that the prosecution called seven witnesses, adding that prosecution witnesses 1, 2 and 3 said Awa Beyai refused to attend to Isatou Sambou, when they found her taking breakfast.
Under cross-examination, all three said they were told to go to Serrekunda Hospital, adding that according to the witnesses the time line was one hour thirty minutes.
Counsel submitted that the evidence was manifestly discredited, and no reasonable court could rely on it to convict the accused persons.
Lawyer Camara stressed that the three witnesses said they were referred to Serrekunda Hospital, and that this was the responsibility of Awa Beyai, who did what was expected of her.
Counsel also told the court that the prosecution had advanced evidence that proved the innocence of the accused persons.
He therefore urged the court to acquit and discharge the accused persons, as the prosecution had woefully failed to prove its case beyond all reasonable doubt.
The case was adjourned to 24 September 2014, for Chief Inspector Touray to reply.
