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Magistrate discharges accused for lack of diligent prosecution

Jul 25, 2024, 10:18 AM | Article By: Dawda Faye

Magistrate Touray of the Kanifing Magistrates’ Court on the 22nd July, 2024, discharged one Alassan Jallow, who was facing a theft case, for lack of diligent prosecution.

presiding magistrate told the court that the case had not been proceeding at the instance of the prosecution. He further posited that the prosecutor would tell the court that his second witness, who was supposed to testify, was engaged. He said that this was why he could not make it to the court.

When the case was called, Prosecutor Baldeh informed the court that he was going to interpose his second witness and call his third witness to testify. “Your Worship, my third witness is in the court. I am interposing my second witness for my third witness to testify,” he told the court.

However, the magistrate went through the case file and told the prosecutor that the case had stalled at the instance of the prosecution and no genuine reason had been given. He subsequently discharged the accused who praised God while he was leaving the dock. “You can go home now. You are free,” the interpreter told the accused.