Prosecution Responds to Defence’s ‘No Case’ Submission

The prosecution in the trial of the former Director-General of Prisons, David Colley, on Wednesday presented its response to a ‘no case’ submission made by the defence.

In his submission, Inspector Touray stated that the accused person has been charged with two counts.

The offences, he said, are that between 2006 and 2007 at Mile II, the accused stole an amount of D27, 000.00, the property of the Gambia Prisons Department. Also on 23rd September 2004 at Old Jeshwang Prison, Inspector Touray went on, the accused stole a new generator valued at D35, 000.00, the property of the Gambia Prisons Department.

Inspector Touray further submitted that to prove the charges against the accused, the prosecution called eight witnesses. He added that the evidence adduced by the prosecution witnesses before the court has established that the accused, David Colley, had borrowed from Ms Rose at the Juvenile Wing a brand new generator donated by S.D.F. Also, he stated, the accused appropriated the proceeds from the tractor and had shown no intention to return either the said generator or the proceeds from the rental of the tractor to the Gambia government.

Inspector Touray therefore urged the court to invoke section 167(1) of the CPC which states that at the close of the prosecution evidence in support of the charge, if it appears to the court that a case is made out against the accused person, sufficiently to require him to make a  defence, the court shall call upon him to enter into his defence and shall inform him if he so desires.

He argued that looking at the evidence of PW 1, the prosecution has proven both actus reus and men’s rea’s because the accused had had no intention of returning the generator, neither had he the intent to deal with it in such a manner that it cannot be returned in the condition in which it was at the time of taking it. He cited some points of law to back his submission.

Inspector Touray finally submitted that the testimonies of all the prosecution witnesses were so fully backed with evidence that the accused has a case to answer.

The case, presided over by Magistrate B.Y. Camara of the Banjul Magistrates Court, was at that juncture adjourned to 1st October 2007 for ruling on the submission.