|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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