By Landing Ceesay
Counsel Ida Drammeh, the Lawyer representing Sainabou Mbye (1st accused) in her manslaughter case with two other defendants, has told the Court that the Prosecution (State) failed to prove a Prima-Facie case.
Sainabou Mbye (1st accused), Cherno Mbye (2nd accused), and Kibili Dambelly (3rd accused) are charged with manslaughter, contrary to Section 186 of Criminal Code Cap: 10.01 Vol. III, Laws of The Gambia 2009.
The particulars of the offence stated that Sainabou Mbye, Cherno Mbye, and Kibili Dambelly, on or about 3rd July 2022, at Kanifing and diverse places in The Gambia, by an unlawful act, or omission, amounting to culpable negligence, left a two-year-old boy resident of Brusubi inside a car, which caused his death, thereby committed an offence.Justice Ebrima Jaiteh of the High Court of the Gambia, before adjourning the case at the last sitting, closed the Prosecution’s case for failure to bring one of their witnesses to appear in court for testimony.
The defence then informed the Court that they will file a “No Case To Answer” Submission.In today’s hearing on the adoption of the briefs of arguments on the “No Case To Answer” Submission, the lawyer representing Sainabou Mbye (the 1st accused) counsel Ida Drammeh, told the court that the Prosecution failed to prove prima facie to ascertain that the accused persons committed the crimes they are alleged to have committed.
Counsel Drammeh said the charges are not improving, and no prima-facie case has been made by the prosecution.
She further argued that the particulars of the offence have not been proven by the prosecution.”The particulars of offence indicated that there was an unlawful act or omission that caused the death of baby Muhammad. But the prosecution failed to prove that there was an unlawful act. You need to prove that there was an unlawful act. There is no witness from any of the Prosecution witnesses that confirm to this court that the accused persons unlawfully left the child in the car. I submit that the act has to be proven, and it is not proven to this court,” Counsel Drammeh told the Court.
Counsel Drammeh argued that driving is a lawful act and that there is no illegal act shown by the prosecution to the court.
Furthermore, Counsel Drammeh argued, the Prosecution needs to have evidence such as a postmortem report, and medical report to ascertain the cause of baby Muhammad’s death.
She said the Prosecution have no evidence to prove the cause of baby Muhammad’s death.”The evidence given by the Prosecution witnesses does not comply with the Evidence Act. So, there is no case for the accused persons to answer,” She submitted.
Meanwhile, counsel Mrs. S. Twum, the lawyer representing both 1st, 2nd and 3rd accused persons said she aligned herself 100% with the submission of her learned friend, Counsel Ida Drammeh.
Justice Ebrima Jaiteh, at this point, adopted the briefs of both the Prosecution and the defence and adjourned the case for ruling on the “No Case To Answer” Submission to 6th of December, 2022.