By: Ousman Saidykhan
Sainabou Mbye, Cherno Mbye and Kibily have all been acquitted and discharged on Friday 16th December 2022, after the State filed a nolle prosequi, an application expressing their lack of interest in proceeding with the manslaughter case against the three accused persons.
This came as a surprise to some people in the court who were anticipating the continuation of the testimony of Sainabou, the first witness who is also the first defendant in the trial.
“By this notice, the State does not intend to proceed with the prosecution of this case pursuant to Section 85 (1)(c) of the 1997 Constitution,” state counsel MB Sowe said, referring to a document signed by the Attorney General, Dawda Jallow.
The defense counsels therefore applied for their clients to be acquitted and discharged. This was a move to ensure their clients are free from being prosecuted in the future for the same case. The defense applauded the State for agreeing with their application, saying it was the right thing to do.
The defendants could be seen grinning in the dock after the Judge said they were acquitted and discharged. The decision of the Judge was accompanied by a loud celebration from the crowd, family members and sympathizers of the defendants.
The acquittal and discharge declaration by the Court means Sainabou and Co. are now free, even though Justice Jaiteh had ruled on a “no case to answer” submission file by the defense that the accused persons had a case to answer.
Sainabou Mbye, Cherno Mbye and Kibily Dambelly were charged with manslaughter and exposing a child. They pleaded not guilty to the charges, leaving the State with the burden to prove their case.
The prosecution called seven (7) witnesses in the trial, four (4) of whom were police officers, a doctor at Africmed, a neighbour of the accused persons and the mother of the deceased, Baby Muhammed. However, the defense believed the particulars of offence were not proven and therefore filed a “no case to answer” application. The application was dismissed by Justice Jaiteh for lack of merit, urging the defense to open their case.
Two days into the opening of the defense’s case, the prosecution decides they would not proceed with the case, granting freedom to the accused persons.
