By Landing Ceesay
The Office of the Attorney General (State) filed to withdraw Sainabou Mbye and 2 others case.
The State filed a nolle prosequi before Justice Ebrima Jaiteh of the High Court of the Gambia.
A nolle is short for the Latin legal term “nolle prosequi” which means “unwilling to prosecute.”
Filing this application means that the prosecution has decided to drop their criminal charges against Sainabou Mbye and 2 others.
Sainabou Mbye (1st accused), Cherno Mbye (2nd accused), and Kibilly Dembelly (3rd accused) are charged with two counts: namely; Manslaughter Contrary to section 186 and Exposing Children Contrary to section 210 all contrary to the Criminal Code of The Gambia, Cap. 10:01, Volume 3, Laws of The Gambia 2009.
The particulars of the offense alleged in count one are that the accused persons on the 4th day of July 2022 at Brusubi in the Kombo North District of West Coast Region of the Republic of The Gambia within the jurisdiction of the High Court “unlawfully” and with “negligence” left one Muhammed Mbye, a two-year-old, locked in the vehicle with Registration Number BJL 9392 Q for four hours and as a result of which caused his death and thereby committed an offense.
The particulars of the offense alleged in count two are that the accused persons on the 4th day of July 2022 at Brusubi in the Kombo North District of the West Coast Region of the Republic of The Gambia within the jurisdiction of the High Court while having the custody and care of one Muhammed Mbye, a two-year-old child, “neglected and exposed” him in a manner that caused “unnecessary” suffering and injury to his health when they (the aaccused persons) left him locked in a vehicle with Registration Number BJL 9392 Q for four hours and they thereby committed an offense.