The decision by the High Court Judge follows the filing of ‘No Case to Answer’ submission by lawyers of the three accused persons - Sergeant Gibril Darboe, Corporal Ebrima Sannoh and Corporal Omar Njie – after the state closed their case.
As provided for by law, in its bid to prove their case beyond reasonable doubt, the state presented 8 witnesses to testify before the court.
However, the defence lawyers sought the acquittal of their clients without having to present a defence, citing insufficiency of the prosecution's case.
The lawyers argued that evidences presented before the court by the 8 state witnesses failed to establish a case against their clients.
In his ruling, the judge acquitted and discharged Corporal Omar Njie but rejected the ‘No Case to Answer’ submission by lawyers of Sergeant Gibril Darboe and Corporal Ebrima Sannoh.
Justice Mahoney stated that he rejected the submission of the two lawyers on the grounds that the two accused persons have been mentioned in various instances by the state witness and they would, therefore, need to present evidence in their defence.
The other two accused persons in the trial who did not file a ‘No Case to Answer’ are Corporal Sanna Fadera, alleged ring leader, and Sub-Inspector Fabakarry Jawara of the Gambia Police Force.
They are charged with double counts of treason, double counts of concealment of treason and one count of incitement to mutiny which they deny.
The matter was adjourned to Friday at 10 am.
