Borry Touray, Defence Counsel for Kariba Danso, who is standing charges of being in possession of stolen properties: namely 2500 Euro and US$500 travelers cheque, contrary to the Laws of The Gambia on Tuesday, 23rd October, urged the Presiding Magistrate BY Camara of Banjul Magistrates’ Court to acquit and discharge the accused person.

According to Borry Touray, the prosecution has failed to prove its case against the accused person.   He therefore drew the court’s attention to Section 166 and 166 Sub-section 1 of the Criminal Proceedure Code (CPC), Laws of The Gambia, which categorially stated that the standard of proof in a criminal trial lies on the prosecution from the start to the end.   It means that the prosecution has to proof its case against the accused person beyond reasonable doubt.

“It is my submission, therefore that the accused person be acquited and discharged without delay.   The most essential ingredients of the offence with which the accused is charged with, are not proven. I made this submission with reference to the Evidence Act Laws of The Gambia,” he submitted.

Responding to the Defence’s submission, Cpl 1831 Sanyang, Prosecuting Officer noted that the submission made by the Defence Counsel is misleading and then urged the Defence to proceed with the case. He then told the court that 3 witnesses were called in, by the Prosecution Officer to give evidence in support of the charges against the accused person, maintaining that the accused person has a case-to -answer and the Defence has to proceed with its case.