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| Bai Mass Kah (Photo Credit: Foroyaa) |
On January 29, defence counsel Lamin S.
Camara filed a no-case-submission to the Court.
He said there is no need to call a
defence witness because the accused is charge under the criminal laws of The
Gambia – to which the prosecution has failed to prove its case beyond
reasonable doubt.
Mr Kah is alleged to have made “negative
comments” against a photo the President, Yahya Jammeh. According to the
prosecution, Kah had told one Lamin Camara who was pasting a photo of Mr Jammeh
on a vehicle to “paste it on the sky”.
Kah has since pleaded not guilty to the
allegations that are said to have occurred at a tailoring workshop in
Latrikunda German, Kanifing Municipality.
On Wednesday, his counsel, Lamin Camara,
said the words contained in allegation against Mr Kah “do not contain contempt,
hatred or disaffection.”
He reminded the Court that the first and
third prosecution witnesses (Lamin Camara and Sanu Jasseh) have both clearly
stated that the accused person said: “If you like you can paste the photo of
the President of The Gambia Yaya Jammeh on the sky.”
“The accused person [Kah] never said why
not paste the photo of The Gambian president Yaya Jammeh to the sky,” the
lawyer argued.
He reiterated that Kah’s statement is
not capable of bringing President Yaya Jammeh into contempt, hatred and
disaffection.
“If you want you can paste the photo to the
sky that is not a crime,” Camara said, “I respectfully urge my worship to
acquit and discharge the accused.”
Magistrate Isatou Janneh, presiding, has
granted a short adjournment till 6 February 2014 to allow police prosecutor
Sergeant Kolley to respond to Camara’s no-case-submission.
This story first appeared HERE.
Written by FPI/TNBES
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