Apr 29, 2009, 9:33 AM
The Bundung Magistrates’ Court presided over by Magistrate Fredrick Forster yesterday acquitted and discharged Pa Jallow, the United Democratic Party (UDP) National Assembly member for Jarra Central, following a no-case-to-answer submission filed by lawyer Badou SM Conteh.
Jallow was alleged to have assaulted one Isatou Maraneh, a police officer, by slapping her, while in the due execution of her duties, on 13th October 2010 at Nusrat Junction in the
Delivering his ruling, the trial magistrate stated that the accused, Pa Jallow, was charged for assaulting a police officer while in the due execution of her duty, which the accused had denied.
He stated that the prosecution had called two witnesses in support of their case, and that the complainant, PW1, in her testimony had told the court that the accused person used his right hand to slap her on her right cheek, which according to the magistrate was practically impossible.
Magistrate Forster further ruled that the defence filed a no-case-to-answer submission, and the prosecution also filed in reply, adding that the prosecution had not proven that the assault took place while the police officer was on the due execution of her duty.
He added that under cross-examination, PW1 evidence was discredited by the defence and that PW2’s evidence did not corroborate with PW1’s evidence, since PW2 said the accused did not slap the complainant.
Still delivering his ruling, the trial magistrate adduced that the grounds in which a no-case-to-answer submission succeeds is when there is insufficient evidence to prove an essential element of an alleged offence, and when the evidence adduced by the prosecution was so unreasonable.
He said the court, therefore, upheld the defence’s no-case-to-answer submission, on the grounds that the prosecution had woefully failed to prove that the officer was acting in the due execution of her duty.
He consequently acquitted and discharged the accused, Pa Jallow.