By Kebba Jeffang
While replying on points of law in Kanifing Magistrates’ court on Wednesday, February 10, 2016, the defence attorney for Sheikh
Cham, Banjugu Nyangado, said his client should be acquitted because he has no case to answer after having undergone searching, detention and torture by the officers of the Drug Law Enforcement Agency-The Gambia (DLEA-G).
Mr. Cham’s lawyer said this after the prosecution filed an opposition to his ‘no case’ submission which was submitted a fortnight ago.
Addressing the court, lawyer Nyangado said there are two conditions that warrant a ‘no case’ for the defence. He said the first is when there is no evidence that the alleged offence has been committed by the accused person and the second is where the evidences of the prosecution witnesses are inconsistent.
“No case submission under these conditions should be upheld by the court and from the evidence, there is no reasonable ground. It was confirmed by PW5 and PW4 during the cross examination that a bag or a container is needed to carry such cannabis. PW2 also confirmed that the accused person is not a prime suspect and that the reason for his arrest was when he shouted to alert the whole neighborhood which led to the failure of their mission. The accused was since searched, detained and tortured by the narcotic officers,” he submitted.
The defence lawyer further told the court that “since he was searched, tortured and detained, we submitted that there is no case to answer and therefore we urge for him to be acquitted and discharged.”
