Sep 30, 2009, 7:27 AM
Prosecutor Cadet Inspector Keita, on
In his address, Cadet Keita submitted that it is a common law principle that in court proceedings it was always the duty of the prosecution to prove both the physical and the mental element of the offence charged, before it can secure a conviction. This principle, he stated, is only applicable at the end of the case when the entire evidence adduced by both the defence and the prosecution has been evaluated by the court. However, he added, the prosecution does not only depend on the quantity of the witnesses in proving the authenticity of the offence charged, but also instead focuses on the quality of the facts adduced. He said the entire evidence adduced by the prosecution witnesses was consistent, creditable and above all reliable. He said the accused persons were standing trial on two counts of conspiracy to commit a felony and theft. In this, Cadet Keita added, four prosecution witnesses were called in support of the charge levelled against the accused persons. " The testimony of the four witnesses has established the fact that the sum of D500,000 was donated to
Cadet Inspector Keita further submitted that the accused persons had utilised the donated amount without the involvement and the consent of the community of Abuko as the rightful owners. He revealed that since the donated amount was presented to Abdou Rahman Bah, both he and Oley Sey were working in isolation without involving the community of Abuko and not a single butut was spent in the construction of the Nursery school which shows that the purpose for which the money was donated was not fulfilled. He said, based on the stated facts and evidence, the prosecution in this case has proven the essential element of the two counts preferred against the accused persons beyond all reasonable doubt.
The case continues today.