Lack of Witness Hampers Alleged Killer’s Trial

Thursday, December 6, 2007

The State has on Monday withdrawn its case against one Ebrima Janneh who was charged with rash or negligent act thereby causing death.

The case was presided over by Senior Magistrate Abdoulie Mbackeh of the Kanifing Magistrates’ Court.

According to the particulars of offence, on or about 6 November 2005, at Arjanading Street in Latrikuda Sabiji, the accused rashly or negligently caused the death of one Sankung Balajo by knocking him down.

Prosecutor 625 Trawally told the court that the prosecution found it difficult to prosecute the case as no witness was available and that no postmortem examination was conducted on the deceased. He stated that no photographs were taken of the deceased which would be of help to the prosecution and that the relatives of the deceased had filed a sworn affidavit in which they indicated that they did not want the deceased to undergo postmortem examination and that they did not also want the accused person to be prosecuted as they regarded their son’s death as an act of God. He, therefore, applied to the court to withdraw the case.

Magistrate Mbackeh then told the court that since the prosecution had no witness to rely on for the successful prosecution of the case, it was futile for the court to adjudicate over the matter as the prosecution may not be able to prove their case as expected. He consequently granted the prosecution’s application to withdraw the case.

Author: By Dawda Faye & Soury Camara
Source: The Point