Court acquits attempted robbery suspect due to lack of evidence

Mamud Bah was accused of assaulting Abdoulie Jallow in an attempt to steal property valued at D3,380.00 in the Kanifing Municipality on July 11, 2022. He pleaded not guilty to the charge.

To support its case, the prosecution presented two witnesses and submitted evidence, including voluntary and cautionary statements. However, after the prosecution concluded its case, the defence argued that the evidence presented was inadequate to establish a prima facie case, contending that key elements of attempted robbery had not been substantiated.

In his ruling, Justice Jaiteh emphasised the legal principles governing no-case submissions, referencing both Gambian law and established common law precedents. He cited Section 238 of the Criminal Procedure Code, which requires courts to assess the sufficiency of evidence after the prosecution’s case.

The court found that the prosecution’s case was undermined by several key factors, including the absence of victim testimony. Abdoulie Jallow, the alleged victim, was unable to testify due to speech and hearing disabilities, making it difficult for the prosecution to establish the alleged assault.

Additionally, the witness testimony contained contradictions. Momodou I. Busso (PW2) provided conflicting accounts regarding the date of the alleged offence, stating it occurred in June, while the charge sheet indicated July.

Furthermore, crucial physical evidence, such as the nylon bags and the knife allegedly used in the attempted robbery, was not presented in court.

Justice Jaiteh concluded that the prosecution’s case was “so manifestly unreliable that no reasonable tribunal could safely convict the accused”. He underscored the importance of preventing unsafe convictions and protecting the rights of the accused.

“In light of the prosecution’s inability to provide sufficient evidence necessary for a conviction, I stand resolute in my finding that there exists no case for the accused to answer,” Justice Jaiteh stated.

Accordingly, the court accepted the defence’s submission and acquitted Mamud Bah, ruling that the prosecution had failed to establish a prima facie case of attempted robbery.