The Kanifing Magistrates’ Court presided over by Magistrate Tabally on 11 July 2010 discharged and acquitted one Joseph Carrol, for the offence of stealing by clerk of servant.
In delivering the verdict, the trial magistrate went through the particulars of the offence the accused was alleged to have committed and narrated the evidence of the prosecution witnesses before the court.
He said PW1 alleged that on the day of the incident he instructed the accused to load a vehicle with four refrigerators to Banjul, adding that PW1 further alleged that after the work was carried out, four compressors were missing, and when he asked the accused about them no explanation was given.
The magistrate added that PW1 said he later reported the matter and the accused were arrested as suspects.
Still in his judgement, Magistrate Tabally stated that under cross-examination, PW1 noted that he did not know when the compressors were stolen and did not allege the accused stole them.
He revealed that PW1 admitted that they were there when the items were being loaded unto the vehicle, adding that PW2 and the manager of the Gambia Electrical Company (PW3) did not say anything in their evidence relating to the matter.
At the closure of the prosecution’s case, the counsel of the accused filed a no-case submission, he said, adding that the defence counsel in his submission stated that there was no evidence that the accused took the alleged property stolen.
He revealed that the counsel further argued that there was no eyewitness and no evidence that the accused was present in loading the refrigerators.
The presiding magistrate then stated: “Having considered the totality of the evidence and the no-case submission of the defence counsel. I uphold the no-case submission. Subsequently I hereby discharge and acquit the accused.”
