Senior Magistrate Kayode Olajubutu of Banjul magistrate court, yesterday over ruled the no case to answer submission filed in by the defence counsel, Lamin Camara and Sheriff Tambedou, counsel for the three accused persons “Malafi Sanyang, Bakary Camara and Dominic Fedeli”.

According to the senior magistrate, all the three accused persons have a case to answer on counts 1, 2 and 4 of the offence charged.  The charges ranged from conspiracy, stealing and giving false information, respectively.  Kayode Olajubutu arrived at this conclusion after relying extensively on the evidences given by 6 prosecution witnesses to the case, and other evidences bordering on exhibits tendered in court in the course of the trial.  The presiding magistrate said that it is the duty of the court to determine whether the accused persons should be discharged of the offence charged or to maintain the no case to answer submissions made by the defence counsel.

The senior magistrate backed his ruling with extensive references to the criminal code cap 10 volume 3 laws of The Gambia, the evidence act laws of The Gambia and other celebrated legal authorities both in The Gambia and beyond.

He said the prosecution has called in witnesses who had adduced their evidences with regards to the case.  It is now the duty of the defence to open their case. He added that the court is of the belief that the defence has not yet dislodge certain evidence which the defence should be open to do.

The magistrate equally discharged the 1st accused “Bakary Camara” on count 3, giving false information to Manlafi Sanyang the 2nd accused person.  Lamin Camara, counsel for the 1st and 2nd accused, after the magistrate delivered the ruling, immediately informed the court that he would not enter into any defence as far as his clients were concern. He said that he would reply to the court on the points of law on the next adjourned date.

However, he could not tell the position of his colleague, Sheriff Tambedou, counsel for the 3rd accused, Dominico Fedeli.

The case is adjourned to the 16th May 2008, for continuation, during which time the defence  may either open their case or not.