Sep 30, 2008, 7:54 AM
The prosecution in the 'devil-marriage' case has failed to prove its case against the second accused person, Samba Colley, who pleaded not guilty to a charge of obtaining money by false pretence.
Magistrate Abdoulie Mbacke of the Kanifing Magistrates' Court yesterday acquitted and discharged Samba Colley on the grounds that the prosecution had failed to prove its case beyond reasonable doubt.
Muhammed Huraisy Jallow and Samba Colley were jointly arraigned at the Kanifing Court on a charge of obtaining money by false pretence.
Muhammed Huraisy Jallow pleaded guilty while Samba Colley, who was represented by lawyer Amie Joof-Conteh, denied the charge.
Consequently, the prosecution called Muhammed Huraisy Jallow to testify against Samba Colley as the first prosecution witness.
In his testimony, Mr. Jallow told the court that he was told by Mr. Colley that he would marry a devil after giving him a token of D80, 000 to make it possible.
In his judgement, magistrate Mbacke told the court that the second accused was charged with obtaining money by false pretence. He posited that the complaint lodged by the first accused, Muhammed Huraisy Jallow, was that he had given D80, 000 to the second accused to marry the devil and observed that has nothing to do with obtaining money by false pretence.
He further told the court that the first accused was not a credible witness and the allegation that he had given D80, 000 to the first accused did not hold any iota of truth, and that the documents found in possession of the second accused had nothing to do with the offence charged. He mentioned that the second accused was a credible and reliable person and had proven to be more credible than the first accused person, Muhammed Huraisy Jallow.
He noted that Muhammed Huraisy Jallow told the court that "Mr. Colley gave him a ring only to turn later to say that it was infact given to him by the devil". He added that the testimonies of prosecution witnesses were inconsistent, and that they spoke with two voices.
"The court has come to the conclusion that the second accused is not guilty of obtaining money by false pretence and there is iota of doubt that the prosecution has failed to prove its case beyond reasonable doubt," he pronounced.