The High Court in Banjul, presided over by Justice Jaiteh, has acquitted and discharged Mamud Bah, who was charged with attempted robbery, citing insufficient evidence to warrant a conviction.
Bah, accused of assaulting Abdoulie Jallow in an alleged attempt to steal property valued at D3,380.00 in the Kanifing Municipality on July 11, 2022, pleaded not guilty to the charge. Following the prosecution’s case, the defence filed a no-case-to-answer submission, arguing that the evidence presented failed to establish a prima facie case.
During the trial, the prosecution called two witnesses and submitted both voluntary and cautionary statements as evidence. However, after reviewing the case, Justice Jaiteh ruled that the prosecution had not met the evidentiary threshold required for the case to proceed.
In delivering his ruling, Justice Jaiteh referenced Section 238 of the Criminal Procedure Code, which mandates courts to evaluate the sufficiency of evidence upon the conclusion of the prosecution’s case. He also cited legal precedents, including Igabele v. The State and Ceesay v. Commissioner of Police, which outlines conditions under which a no-case submission is upheld.
The court identified several critical weaknesses in the prosecution’s case, including:
- Lack of Victim Testimony: Abdoulie Jallow, the alleged victim, was unable to testify due to speech and hearing disabilities, hindering the prosecution’s ability to substantiate the assault claim.
- Contradictory Witness Testimony: One of the prosecution’s witnesses, Momodou I. Busso (PW2), provided conflicting accounts of the date of the alleged offence, stating it occurred in June, whereas the charge sheet indicated July.
- Absence of Physical Evidence: Key pieces of evidence, such as the nylon bags and knife allegedly used in the attempted robbery, were not presented in court.
Justice Jaiteh concluded that the prosecution’s evidence was “manifestly unreliable” and that no reasonable tribunal could safely convict the accused based on the presented facts. He emphasized the need to uphold due process and protect individuals from unsafe convictions.”In light of the prosecution’s inability to provide sufficient evidence necessary for a conviction, I stand resolute in my finding that there exists no case for the accused to answer,” Justice Jaiteh stated.
As a result, the court accepted the defence’s submission and acquitted Mamud Bah, bringing the case to a close.