By Kemeseng Sanneh (KEXX)
Principal Magistrate Omar Jabang has acquitted and discharged two women who were jointly standing trial for allegedly sharing nude photos and videos of another woman on social media – Snapchat.
Maimuna Jallow (1st accused person) and Maju Samba (2nd accused person) were freed by the court because the prosecution did not prove any case against them.
The women denied culpability and the prosecution opened their case. The prosecution called one witness, who testified on the 7th of August 2023. On the same day, the prosecution sought adjournment and it was granted to 14, 17 and 21 of August. They sought adjournment on the basis that they want to settle the matter.
When the case was called on the 21st of August 2023, the prosecution sought further adjournment but this time around the court refused to grant the application. The basis for the refusal was want of diligent prosecution.
After the foreclosure of the prosecution, Lead Defence Counsel Lamin S. Camara made a ‘no case to answer’ submission asking the court to acquit the two accused persons. Lawyer Camara said his clients have no case to answer.
Lawyer Camara said the testimony of the first and only prosecution witness in the case, who was also the complainant, was that her nude videos were sent to the second accused person by her ex-boyfriend who in turn sent it to the first accused person, who also sent it to various people on her Snapchat account. Lawyer Camara said in the absence of the videos, the accused persons have no case to answer as he called on the court to acquit and discharge them.
Police Commissioner Abdoulie Sanneh for the Inspector General of Police, said there is a prima case against the two accused persons as he urged the court to ask the two to open their defence.
Section 166 of the Criminal Procedure Code provides that if at the closure of the prosecution case, it appears to the court that a case was not made out against the accused person, the court shall acquit and discharge him or her.
The court agreed with the defence and acquitted both of them.