After a long legal battle, the Banjul Magistrates Court on Monday acquitted and discharged one Karafa Keita of the criminal charge preferred against him. Mr. Keita was charged with obtaining money by false pretence contrary to the Laws of The Gambia.

The particulars of the offence read that the accused in the month of October 2006 in the city of Banjul obtained the sum of D3m from a group of 69 men on the pretext of transporting them to Spain by boat.

In delivering his judgement, Magistrate B.Y. Camara stated when the offence was read to the accused, he pleaded not guilty and it became the duty of the prosecution to prove their case against the accused person. He said in discharging their burden of responsibility the prosecution called four witnesses, adding that at the end of the prosecution’s case the defense also opened their case and called four witnesses. Magistrate Camara added that at the end of the evidence-in-chief, both parties addressed the court.

He said the proceedings had reached a point when it had become the court’s turn to weigh the evidence of both parties, noting that in doing so the court was duty-bound do so in light of the law. He said that the prosecution was under an obligation to prove to the court that the accused had the intention to deceive, adding that the act must go hand in hand with the intention. He added that there is a constitutional provision for free moment.

He stated that there was a verbal agreement whereby the travellers agreed, by virtue of paying their monies, that they would travel by means of a trawler to Spain. He also added that the agreement is between adults, noting that the prosecution had failed to prove to the court that the accused had failed to fulfill his promise. Consequently, he ruled, “the accused is hereby acquitted an discharged.”