As No Case to Answer Submission Over-ruled
Banjul, The Gambia (TNBES) Emmanuel Amadi the presiding judge of the treason trial involving Lang Tombong Tamba, Omar Bun Mbye, Lamin BO Badjie, Kawsu Camara, Modou Gaye, Gibril Ngorr Secka, Abdoulie Joof and Youssef Ezziddine (alias Rambo) on Monday 17th May, 2010 over rule defence counsels no case to answer submission which was filed last week.
Justice Amadi of the High Court in
asked the accused persons to open their defence. The filing of the no case submission came after the prosecution closes their case on the sixteenth witness. Banjul
In his ruling, the judge said Tambedou, counsel for the first and fourth accused person’s submitted that there is no evidence to prove the case against the accused persons and that no reasonable evidence has been provided by the witnesses.
He said, the counsel also submitted that the 1st and 4th accused persons (Lang Tombong and Kawsu Camara) should be acquitted and discharge, that the prosecution did not made prima facie case against them.
Judge also said that the counsel submitted that the evidence of PW1 is incredible, inconsistent and that he regarded him as a liar and thief. He said, Tambedou further submitted that there was no corroboration between PW1 and PW2; he referred the Court to the relevant authorities to support his submission. He finally argued that the court should discharge and acquitted the accused persons.
The judge added that counsel for the second, third, fifth, sixth and seventh accused persons Pap Cheyassin Secka cites several other cases to support his argument as there is no clear evidence against the accused persons. He said Secka submitted that the prosecution did not make a prima facie case against his clients and that the evident against the 5th accused person was not corroborated.
He said that the evidence given by the prosecution witnesses from one to sixteen does not corroborate and there is no evidence of truth. He then argued for the court to acquit and discharge his clients.
Amadi also noted that the counsel for the eight accused person Awa Sisay Sabally also submitted that any attempt for fair hearing should be to acquit and discharge the accused persons. She said PW1’s account on his trip to Farafenni defers and that they are contradicting with that of the other witnesses. The Judge said, lawyer Sisay Sabally added that the prosecution did not prove any essential element against the accused
He said, Sisay Sabally submitted that the prosecution has denied the accused persons a fair trial and that the prosecution has mournful failed to prove a prima facie case against the accused persons. She said an over act was that on Count Two, the witnesses has not given any essential evidence against the accused persons.
He further added that PW2 is not a credible witness that the Court cannot rely on such persons adding that the eight accused has denied to be involve in any attempted coup plot, she then argued for the court to discharge her client.
He said the DPP also submitted that which refers to prima facie case is completely different from proven all reasonable doubts, adding that they had made a prima facie case against the accused persons.
Justice Amadi finally rules that he cannot evaluate the creditability of the witnesses, adding that he has gone through the evidence of the witnesses and believed that the prosecution has established a prima-facie case. He then ordered the accused persons to open their defence. Vol:2 Issn:186