By Mamadou Dem
Principal Magistrate Isatou Janneh-Njie of the lower court in Banjul yesterday struck out the criminal case
levelled against Ebrima Jawara and set him free.
When the case resumed yesterday, attorney for Mr. Jawara, Modou Drammeh reminded the court that on the last adjourned date the court ruled that if the prosecutor did not proceed, the accused would be discharged.
The trial Magistrate then intimated that on the last adjourned date, the prosecutor was absent and no reason was advanced. She added the defence counsel earlier applied for the case to be struck out and the accused discharged.
“On the 23rd of February, 2017, the prosecutor again failed to appear in court and there was proof of service, indicating that hearing notice was issued to the prosecution,” said the Magistrate.
“Since the prosecutor had failed to appear in court I will grant the application made by the defence counsel to strike out the case, and discharge the accused,” she further stated.
As a result, she struck out the case and discharged the accused person.
Mr. Jawara was standing trial on a single count of Punishment for malicious injuries in general contrary to the laws of the Gambia. During the course of the trial, four witnesses testified for the prosecution, namely Sub-Inspector Alhagie Sanyang of the Serious Crime Unit (Pw1) Nuha Sanyang Officer Commanding (OC) Fraud Squad testified as the second Prosecution witness while Alasan Ceesay a carpenter testified as PW3 and Financial Controller of Central Processing Coordinating Unit (CPCU), Mr. Sajor Marena testified as the fourth and final witness in this case.
Prior to his dismissal and subsequent charge by the former government, the accused was the Coordinator of Central Processing Coordinating Unit (CPCU).
According to the particulars of offence, the aforementioned accused on the 24th of November 2015 at Central Projects Coordinating Unit Office (CPCU) situated at the Ministry of Agriculture in the city of Banjul, without lawful authority changed the locker of the project coordinator’s office, thereby committed an offence.
