Sep 11, 2008, 6:21 AM
Justice Emmanuel Nkea of the Special Criminal Court in Banjul on Monday acquitted and discharged one Momodou Bah, who was accused of the offence of murder.
In his judgment, Justice Nkea stated that the prosecution called seven witnesses and tendered exhibits, while the accused testified and called one witness.
Justice Nkea said there was no doubt the deceased had died, and there was abundance of evidence in that regard, adding that it had been proven with the certainty required by the law.
The judge added that the sole issue for determination was who killed the deceased, and it was for this reason and in an attempt to answer this question that he would deal with the second and fourth issues jointly.
He said that while there was corroborated evidence that the accused whipped the deceased to stop him from the fight, there was unchallenged evidence that the deceased was engaged in a sustained fight with one Essa Bah.
The judge then asked whether the injury inflicted on the deceased was from a sustained fight or the whip of the accused person.
These were important questions which were not answered by the evidence on record, he said.
He added that the prosecution had failed to lead concerted evidence as to the nature of the weapon that was used in inflicting injury, adding that there was nothing which he could infer from that the injury was inflicted by the whipping of the accused.
The judge in his judgment said it is common that when two boys fight, they rain blows on each other and, in such circumstances, it was not only possible, but more likely that the deceased sustained injury from the fight he had with Essa Bah.
He pointed out that the prosecution had failed to link the accused’s death to an act or omission of the accused person.
They also failed to prove the fourth element of the offence charged, he said, adding that he was bound to reach the conclusion that the prosecution had failed to prove its case with the certainty required by law.
Justice Nkea consequently acquitted and discharged the accused person.