By: Ousman Saidykhan
One Alpha Barry who is standing trial at the Kanifing Magistrate Court, having been allegedly found in possession of a stolen mobile phone, has finally opened his defence barely a week after he refused to do so.
On the 10th of August 2022, the accused refused to open his defence after the prosecution closed its case, saying “I will not do what you are asking me to do. I don’t do such things.”
His refusal to open his defence led to the adjournment of the case to the 18th of August 2022.
Just like the other day, the accused was told on Thursday, the 18th, that he has options before he began his defence.
He could choose to remain mute, take an oath and give his evidence after which he would be cross-examined, or give his evidence without taking an oath where he would not be cross-examined. He chose to take the oath and give evidence.
In his testimony, the accused said he was heading to Serekunda from Nema to buy dinner around 12 am to 1 am because he could not find dinner at Nema at that time of the morning.
“Then I found a phone on the ground and picked it. I went to the police station, there was an accident; then an officer came and told me he would need to search me.
“He searched me and found a phone with me and said he suspected the phone was stolen. I spent the night at the police station and I was taken to the CID the following day. They pushed my case to the prosecution. That is how they brought me to court,” Alpha Barry narrated.
The accused said after picking up the phone, he was expecting that if there was a sim card, the person would have called the phone and he would have returned it.
The said phone is marked “Winko” but the value is unknown.
The accused has no witness to call in his defence. The case was adjourned to the 31st of August 2022 for judgment.
