Apr 8, 2011, 2:54 PM
Banjul Magistrates Court yesterday, Tuesday, delivered a ruling in the no-case submission earlier filed by the defence counsel in the government theft, abuse of office case against Lt. Bakary Camara, ex-Superintendent Manlafi Sanyang and Domenico Fedelish. The court ruled that the accused persons have a case to answer on counts 1,2 and 4 prefered against them by the state.
Delivering the ruling, Senior Magistrate Kayode recollected that a no-case submission was made by the defence on the grounds that the prosecution had failed to prove a prima facie case against the accused persons. He stated that on counts 1 and 2, the accused persons are jointly charged, while counts 3 and 4 relate only to Lt. Camara. He said prior to the no-case submission the prosecution, in trying to prove their case, called six witnesses, adding that it is the duty of the prosecution as required by law to prove a prima facie case against the accused persons. Magistrate Kayode further stated that a no-case application could only succeed if the prosecution failed to prove a prima facie against the accused persons.
He said after reviewing the evidence of the prosecution witnesses, the submission of the defense counsels and the reply by the prosecution, the court found that the prosecution had in fact proved a prima facie on counts 1,2 and 4 against the accused persons and so the latter should be called on to enter into their defence while Lt. Camara to who count three is specific, was acquitted and discharged.
The case was adjourned to 16th May for the defence to enter into its defence.