By Kemeseng Sanneh (Kexx)
Justice Isatou Janneh Njie on Thursday freed Ya Kumba Jaiteh and Yusupha Jaiteh of the two (2) criminal charges pressed against them.
The Judge was sitting as a Magistrate based on fiat (authority) given to her by the Chief Justice.
“The Court finds and holds that the prosecution has failed to prove the offences charged against the accused persons. They have therefore failed in proving their case with the certainty required by law – that is proof beyond reasonable doubts. Hence, the accused persons Ya Kumba Jaiteh and Yusupha Jaiteh are hereby acquitted and discharged of the offences charged,” the Judge stated
Assistant Superintendent Alpha Badjie appeared for the Inspector General of Police while Senior Lawyer Bory S. Touray appeared for the 2 accused persons.
Yakumba was charged with Assault punishable with two years imprisonment contrary to section 230 (E) of the Criminal Code. The particulars of offence alleged that Ya Kumba Jaiteh on or about the 6th of October 2020, at Kololi, unlawfully assaulted one Ebrima Fadera, a narcotic officer by holding his neck while he was on due execution of his duties.
On Count 2, which is Obstruction of Inspectors contrary to section 62 (1) (a) of the Drug Control Act. The particulars of offence alleged that Ya Kumba and Yusupha, on or about the 6th of October 2020, at Kololi, unlawfully and without reasonable excuse obstructed the following inspectors namely Lamin Manjang, Landing Tamba and Sisawo Nyabally, all narcotic officers while they were on due execution of their duties.
The accused persons pleaded not guilty to the respective charges preferred against them.
The prosecution called Ebrima Fadera, Abdoulie A. Jarju, Landing Tamba, Lamin Manjang, Dr. Jowel Wright and Sisawo Nyabally as witnesses and tendered in evidence Exhibits A-C, which were Prescription paper, receipt and Medical Report all bearing the name of Ebrima Fadera (prosecution witness one).
At the close of the prosecution’s case, the defence made a no case to answer submission, but the Court overruled the application. “No case submission” means the Defence wants the court acquit and discharge the accused persons without opening their defence on the basis that prosecution’s case is weak.
The defence called a total of seven (7) witnesses including the two accused persons in support of their defence. The defence tendered in evidence Defence Exhibits 1-6, which were the warrant card of PW1, witness statements of PW1, PW2, PW3, PW4, and the cautionary statement of the 1st accused person.
