By Kemeseng Sanneh (Kexx)
[Banjul: Sat, Dec 17 2022, at 3:46 PM]
The State has on Friday filed a nolle prosequi in the criminal trial
of Sainabou Mbye, Cherno Mbye, and Kibily Dambelly in the High
Court presided over by Justice Ebrima Jaiteh. The three have
been charged with manslaughter and exposing children to danger
and the court has now freed them.
When the case was called MB Sowe announced his
representation of the State while Ida Drammeh represented the
first accused (Sainabou Mbye) and Counsel Combeh Gaye and
S. Twum appeared for the 2nd and 3rd accused (Cherno Mbye
and Kibily Dambelly respectively).
State Counsel MB Sowe then informed the Court that the state
through the Minister of Justice has assigned him to file a nolle
prosequi to discontinue the case and discharge the accused
persons.
“In exercise of the powers vested in me by Section 85 Subsection
1 (c) of the Constitution of the Republic of the Gambia 1997, I
Dawda A. Jallow the Honorable Attorney General and Minister of
Justice of the Republic of The Gambia, hereby inform this
Honorable Court that the State intends that the proceedings in the
charge against the above-accused persons in Criminal Case No:
HC/627/22/CR/166/ AO be discontinued,” the notice of the
Attorney General dated 16th December 2022 indicated.
The Lawyer for the first accused person Counsel Ida Drammeh,
welcomed the move by the State and urged the court to discharge
and acquit the accused persons since the state has no intention
to continue the case. She referred the Court to the case of Bob
Keita vs the State.
Counsel Twum for the 2nd and 3rd accused persons associated
herself with the submissions of Counsel Ida Drammeh for the
State to acquit and discharge the accused persons.
The State Counsel M.B Sowe said, he will not object to the
submission of the counsels for the accused persons. He told the
Court that the Attorney General only asked him to apply so he has
no intention to oppose the application of the defence for the
accused persons to be discharged and acquitted.
The presiding Judge Justice Ebrima Jaiteh after carefully listening
to both parties, and acknowledging receipt of the nolle prosequi
from the State stated that he was left with no option but to acquit
and discharged the accused persons.
“Accused persons are hereby acquitted and discharged and I will
prepare the acquittal and discharge warrant as soon as possible,”
the Judge ruled.
Sainabou Mbye, Cherno Mbye, and Kibily Dembelly are facing
charges of manslaughter and exposing children to danger. The
prosecution called seven (7) witnesses and tendered ten (10)
documents to prove their case against Sainabou and her two
brothers.
Justice Ebrima Jaiteh called on three to open their defence when
the state failed to produce the 8th witness, the medical doctor
from Senegal who conducted the post mortem on baby
Muhammad. The defence filed a ‘no case to answer’ and the no
case to answer submission was dismissed by the court which
then asked them to open their defence and answer the allegations
against them.
Sainabou Mbye opened her testimony of what actually happened
last week and she was expected to continue from where she
stopped but the state decided to discontinue (nolle prosequi) the
case and the three accused persons are acquitted and discharged.
