Reasons for Justice Mahoney’s Refusal of ‘No Case Submission’ in Coup Trial


By Kemeseng Sanneh (KEXX)

In last week’s edition, Foroyaa reported the reason why Justice Mahoney acquitted and discharged Corporal Omar Njie after the prosecution failed to establish a prima case against him on all charges. In this edition, we will explain why the court refused Sergeant Gibril Darboe and Corporal Ebrima Sannoh.

The accused persons are (Lance Corporal) Sanna Fadera, (Sergeant) Gibril Darboe, (Corporal) Ebrima Sannoh, (Corporal) Omar Njie, and (Sub-Inspector) Fabakary Jawara. The charges are two counts of treason, two counts of concealment of treason and incitement to mutiny.

All the accused persons pleaded not guilty. The prosecution called eight (8) witnesses who all testified in open court. At the end of the prosecution case, the accused persons including- Sergeant Gibril Darboe, Corporal Ebrima Sannoh and Corporal Omar Njie, opted to file a ‘no case submission’.

Justice Mahoney, in giving reasons for dismissing the no case to answer submission, said two prosecution witnesses have mentioned Sergeant Darboe and Corporal Sannoh as attendees of a meeting in Kafuta where the participants discussed the overthrow of the Government. Evidence adduced before the court alleged both Darboe and Sannoh of participation in the Kafuta meeting.

“There is thus evidence in record implicating them in the offences charged which tantamount to a prima facie case,” Justice Mahoney said.

In law, prima facie means evidence sufficient to establish a fact unless disproved or rebutted. In simple terms, it is evidence accepted as correct unless proven otherwise.

Justice Mahoney called on Darboe and Sannoh to answer to the allegations by opening their defence.

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