Bakary Baldeh, a West Coast Radio staff, and Almamy Jagne, a caddy at the Fajara Golf Club, were on Tuesday acquitted and discharged by Magistrate Tabally of the Kanifing Magistrates’ Court.
The accused persons were charged on count one with conspiracy to commit a felony along with Lamin Drammeh, Lamin Tamba and Bakary Njie.
All of them were also charged on count two with incitement to violence.
Lawyer Pap Cheyassin Secka, who was representing the third and fourth accused persons, had earlier applied for count two to be struck out, and the court granted the application.
He again applied for count one to be struck out as well.
Lawyer Kebba Sanyang, who was representing the first and second accused persons, subsequently reminded the court that Lawyer Pap Cheyassin Secka had earlier applied for count one to be struck out, because it was not known in law.
CPL 3560 Colley, who was handling the case, told the court that the case file had been sent to Attorney General’s Chambers for legal advice to reply to the application made by the defence to strike out count one.
On 24 May 2011, CPL 335 Nying rose and told the court that the prosecution had been advised by the Attorney General’s Chambers was not opposed to the application to strike out count one, and said to withdraw it, which she did.
As a result, Magistrate Tabally struck out count one, on which Bakary Baldeh and Almamy Jagne were charged. Consequently, he discharged and acquitted them on that count.
However, Lamin Drammeh, Lamin Tamba and Bakary Njie were charged under count three, and since count three was not struck out, they would be tried on this count.
The case was adjourned till 7 June 2011, for continuation.