At the Kanifing Magistrates’ Court recently, Magistrate Jobarteh read a judgment which was written by Magistrate Ngube in favour of one Modou Jallow, who was charged with giving false information and being in possession of fake bank notes.
Police prosecutor Manneh consequently announced on 31 July 2012 that he was going to appeal at the High Court against the decision of the court, which acquitted and discharged the accused person.
Modou Jallow was earlier arraigned before Magistrate Ngube, charged with giving false information and being in possession of forged bank notes, charges he denied.
Prosecutor Manneh called witnesses to testify.
At the end of the trial, Magistrate Ngube was not convinced that the prosecution had proved the elements or ingredient of the offence.
In his judgment, he stated that the prosecution had failed to prove their case beyond all reasonable doubts.
For the prosecution to prove their case, they must prove that the bank notes were forged, and the accused person possessed them.
“Mere possession of forged bank notes does not warrant that the accused was liable, and knew they were forged,” the magistrate said.
There was no evidence that the forged notes were not from the notes with the complainants, he added.
It was not established that the forged notes belonged to the accused person, he continued.
“The accused counted the notes, and found that there were forged notes and called the attention of the complainants,” said the magistrate.
He stated that it was not established that the forged notes belonged to the complainants or the accused person.
The prosecution failed to bring the complainants to testify to strengthen their case, the magistrate went on.
“I therefore hold that the prosecution has failed to prove its case beyond reasonable doubt, and I acquit and discharge the accused,” he declared.
