By: Ousman Saidykhan
A High Court Judge has rejected for lack of merit the “no case to answer” submission filed by the defense counsel last month, seeking acquittal of their clients; Sainabou Mbye, Cherno Mbye and Kibily Dambally in their manslaughter trial.
Justice Jaiteh ruled that the testimonies of the prosecution witnesses have adduced evidence before the court, linking the defendants to the case.
“Therefore, and in my view, a prima facie case has been made against the accused persons and the arguments on the no case to answer lacks merit and is hereby dismissed,” Jaiteh ruled.
The State has called seven (7) witnesses since the opening their case, four (4) of whom were police officers; a doctor at Africmed; a neighbor of the accused persons and the mother of the deceased, Baby Muhammed.
The judge said evidence before the Court that links the accused persons to the case requires explanation with regards what really happened in the vehicle with registration Number Plate BJL 9392Q.
“There is ample evidence that the deceased was removed from the vehicle unconscious and was rushed to Africmed International Hospital in critical condition as he was in severe respiratory distress,” he said.
“The admission in the evidence, the cautionary statements of the accused persons without objection from the defense means they are credible before the court,” Justice Jaiteh added.
Justice Jaiteh called on the defense counsels to open their defense.”
The case is adjourned to 9th December 2022 for the defense to open their case.
