The prosecution alleged that on the 5th day of February 2022, around Qcell building in the Kanifing, Municipality, in the Republic of The Gambia, within the jurisdiction of the High Court, Ass Malick Njie intentionally and under coercive circumstances had sexual intercourse with a 12-year-old boy and thereby committed an offence.
When the case was called for the testimony of the First Defence Witness (DW1), Counsel Anyanwu informed the court that he did not have a witness but had evidence to tender.
“My lord, I do not have a witness in this case but I have evidence to show this court. I have CCTV footage dated on the day of the alleged incident. I have written to Qcell but they have yet to respond to my request,” Counsel Anyanwu told the court.
Counsel Anyanwu informed the court that he sent the letter to Qcell on the 26th of January 2026.
Counsel Anyanwu then applied for an adjournment to secure the CCTV footage from Qcell.
Hon. Justice Ebrima Jaiteh then asked Counsel Anyanwu whether he copied the court of the request letter sent to Qcell to retrieve the CCTV footage.
Counsel Anyanwu responded negatively, telling the court that he did not but would provide the court with a copy.
“If you send your letter there and you did not follow up, they will not use their credit to call you. You should go there and ask them. If they have it, or they don't have it, I think that will be better than waiting for their response,” Hon. Justice Jaiteh told Counsel Anyanwu.
Hon. Justice Jaiteh further said that time is running out. He urged the defence counsel to close his case if he cannot secure witnesses or the CCTV footage as evidence.
“Your cases are all at the defence stage. If your witnesses are not forthcoming, I think you should close your cases and we go for the address, then judgment. Because all your cases are now at the defence stage,” Hon. Justice Jaiteb told Counsel Anyanwu.
Counsel Anyanwu responded that by the next adjourned date, he would close his cases including the rape case involving Ass Malick Njie, if he failed to secure witnesses or the CCTV footage from Qcell.
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