Dec 10, 2010, 10:26 AM
Defence Counsel Lamin Mboge representing Mr. Hamadi Sowe, who is standing trial for the alleged offence of theft, at the Banjul Magistrates' Court had submitted a no-case-to-answer before Principal Magistrate Emmanuel Nkea.
In his submission, Lawyer Mboge told the court that he has perused the records of the last adjourned date.
According to him, the law has made it mandatory to the court that at the end of the prosecution's case if there is insufficient evidence against the accused person, the court shall accordingly acquit and discharge him.
Lawyer Mboge further submitted that on count one, PW2 Corporal Yusupha Sanneh told the court that after delivering the D500, 000 to the accused person, he did not know anything as to whether the cattle were delivered or not. He added that the evidence of PW2 is not in support of the charges.
He said PW3, Alagie Ceesay, the former Chief of Protocol also told the court that apart from delivering the D700, 000 to the accused, he knows nothing about the case.
According to him, it was clear from the evidences that both PW2 and PW3 knew nothing about the case apart from delivering the said sum of monies.
He said the evidences of the prosecution witnesses had failed to show that the accused person did not deliver the cattle to the Kanilai Family Farms.
As he put it, their evidence did not support the charges, and therefore the accused should be acquitted and discharged.
In response, the Police Prosecutor, Chief Inspector Badjie told the court that the prosecution totally disagrees with the Counsel's submission.
He said in support of the charges, the prosecution had called three witnesses to prove their case beyond all reasonable doubt.
He testified that the prosecution's witnesses are mere material witnesses, and that their role was to deliver the money to the accused which, according to him, was fulfilled by delivering it.
The case was adjourned to 23rd November 2009 for ruling.