By: Nicholas Bass
Justice Ebrima Jaiteh of Banjul High Court on Monday acquitted and discharged one Mamud Bah, who was charged with a single count offence, attempted robbery, contrary to section 274 (1) of the Criminal Code, Cap 10, Volume 3, Laws of The Gambia.
According to the court records on or about 11th July 2022 in Kanifing Municipality, Mamud Bah allegedly assaulted one Abdoulie Jallow (victim) in an attempt to steal his property worth D3,380.00.
When, Bah was arraigned before the court on 19 December 2022, he denied the charge pressed against him.
Justice Jaiteh in his ruling stated that the prosecution presented two witnesses, and submitted several key pieces of evidence that include voluntary, cautionary, and witness statements of the first prosecution witness (PW1), Momodou I. Busso.
However, following the closure of the prosecution’s case, Bah’s lawyer S. Ade delivered a no-case submission, urging the court for his client to be acquitted and discharged.
Defense lawyer Ade argued that there were no essential elements of an attempted robbery that suggested otherwise against his client.
The trial Judge stated that the State lawyer F Drammeh in her response contended that the prosecution had indeed presented a ” prima facie case” as she asserted that the accused (Bah) was required to ”enter a defence”.
The state lawyer urged the court to dismiss the defence lawyer’s no-case to answer submission.
“After a thorough and equitable review of both counsels’ arguments and the evidence provided by the prosecution, I have determined that the pivotal issue is whether there exists a case that the accused must answer.
“While I have meticulously considered the defence counsel’s arguments to ensure fairness, my comments, observations, and findings will predominantly focus on the law surrounding no-case submission in The Gambia”, Justice Jaiteh said.
Justice Jaiteh in his firm conclusion stated that the legal practice of no-case submission was well-established within our jurisdiction, adding that it was supported by section 238 of the Criminal Procedure Code.
He went on that the alleged victim, Jallow, ”was never able to testify’‘during the trial due to his disabilities in speech and hearing, stating that the absence of his testimony was detrimental to the prosecution’s case.
The trial Judge recalled that the first prosecution (PW1) witness, Busso was severely undermined through rigorous cross-examination, noted that Busso in his sworn testimony told the court that the alleged robbery of Jallow (victim) occurred in June, adding that the particulars of the offense ” inaccurately asserted” that it took place in July ,2022.
”The lack of credible evidence requires the court to conclude that there is no case for the accused to answer, indeed, essential elements of the alleged attempted robbery have not been proven. Thus, after careful consideration, I find that there exists no prima facie case against Mamud Bah, as the prosecution fails to establish the crucial elements necessary for this charge”, Justice Jaiteh ruled.
Accordingly, Justice Jaiteh accepted the defence lawyer Ade’s submission of no case to answer concerning the charge of attempted robbery. ”The argument presented has merit, and as such, I hereby acquit and discharge the accused Mamud Bah, forthwith”, Justice Jaiteh ordered.
