He stated that there was no evidence to show that the accused shared and distributed the said video. “There is also no evidence to show that the nude video was sent to the second accused who sent it to the first accused who also sent it to various people. No nude video was tendered before the court,” he posited.
Earlier, Lawyer L. S. Camara asked the court to foreclose the prosecution’s case. This followed the application by Commissioner Sanneh for the court to adjourn the case because the complainant, who was supposed to continue her testimony, was in Senegal for medical treatment.
Lawyer Camara argued that the case had been adjourned three times at the instance of the prosecution. He further stated that it was the prosecution that appealed to the court that they would proceed with the case on the 21st August, 2023, and they failed to do so. “No medical certificate has been presented before the court. There is no genuine reason advanced by the prosecution to adjourn the case. I urge the court to foreclose the case of the prosecution,” he submitted. In his reply, Commissioner Sanneh stated that he would leave everything with the court.
Principal Magistrate Omar Jabang, in his ruling, adduced that he earlier made an order that the prosecution must proceed with the case on the 21st August, 2023. He stressed that the case was adjourned on three occasions at the instance of the prosecution. He added that the prosecution would come up with excuses for the case to be adjourned. “I made it clear that I will not accept any excuses if the prosecution fails to proceed with the case today. I hereby foreclose the case of the prosecution and ask the defence to open their case,” he ruled.
Counsel Camara told the court that he was going to make a no-case submission on behalf of the two accused persons under Section 166 of the CPC. He submitted that the evidence adduced by the prosecution witness did not establish a prima facie case against the accused to warrant them to open their defence. In summary, he urged the court to acquit and discharge the accused.
But Commissioner Sanneh, in his reply, stated that the prosecution witness had established a prima facie case against the accused to warrant them to open their defence. “The witness told the court that the accused sent her nude pictures into her phone. The defence has also admitted this. I therefore urge the court to call the accused to open their defence,” he submitted. He further cited Section 167 of the CPC to support his argument.
