Subsequently, they were arraigned before Principal Magistrate Omar Jabang. The prosecution called six witnesses who testified against the accused persons. Commissioner A. Sanneh had earlier told the court that the prosecution would advise themselves as to whether they would proceed with the case.
On the 10th October, 2022, Sub-Inspector Kebbeh applied under Section 68 (1) of the CPC before the court to withdraw the case. His application was granted by the court.
In making an order, the presiding magistrate stated that considering the application of the prosecution to have the matter withdrawn pursuant to Section 68 (1) of the CPC and further considering the fact that the accused persons had no objection to the said application, he granted the application.
“It is clear from the record that the accused persons pleaded not guilty resulting to the prosecution calling 6 witnesses. I have taken note of the fact that the accused persons have not been called to make a defence,” he posited.
He further said that considering the merit of the case and acting on the proviso to Section 68 of the CPC, the accused persons were all acquitted and discharged. “They shall be reinstated if dismissed or suspended and all their benefits paid during the dismissal or suspension period,” he declared.
One of the prosecution witnesses had told the court that the missing gearbox was found. The chief driver of the company was later accused of stealing the gearbox and he is being tried before another magistrate at Kanifing.
