Abdoulie G. Dibba
Defence Counsel Lamin K. Mboge told the Kaur Magistrate Court in the ongoing false information case involving his clients that the Chief of Nianija, David Cham, has misled this court by not speaking the truth.
Lawyer Mboge said this before Magistrate Mustapha B. Camara in a crowded courtroom on Thursday, 7th August, 2014 while submitting a ‘no case to answer’ submission after the closure of the prosecution’s case.
In his ‘no case to answer submission’, Lawyer Mboge urged the Court to invoke Section 166 of the Criminal Procedure Code to acquit and discharge the accused persons namely; Farba Jallow, Sara Jallow and Kumba Loum since he said there is no case for them to answer.
Counsel Mboge told the court that Section 166 of the Criminal Procedure Code makes it mandatory for the Court at the close of the case of the prosecution when it appears that a case has not been made against the accused persons, the court shall acquit and discharge the accused person accordingly.
He told the court that it is very clear now that there is something in this case that cannot be seen by the eye. He said the charge against the accused person is that the first accused person gave false information to the president but that out of the seven witnesses called by the prosecution, the majority of them have confirmed that what the first accused person said at the meeting is true.
Counsel Mboge said the evidences given by the prosecution witnesses namely; Alhagi Malick Mbye, the chief of Upper Saloum, Alhagi Sainey Mbye, the National Assembly Member of the constituency, and NganyieTouray, ex-Governor, are far more trustworthy than the chief of Nianija, David Cham, who, he said, stood in the court and misled it by not speaking the truth. “He said he never denied the people of Baati to farm at Barajal rice field which was contradicted by the witnesses of the prosecution,” said defence counsel.
“Why are the accused persons arraigned before the court when they are speaking the truth?” asked Lawyer Mboge.
He said a group of disgruntled and dissatisfied people are trying to turn the clock anti-clockwise and that is impossible.
Counsel Mboge said God is one and that the only partner to the one God is the truth and that if one wants to get closer to God one has to speak the truth and that the first accused is a man of truth and a man of God because he does not fear to speak the truth before the president.
He described David Cham as the devil who came to mislead the court by not speaking the truth, adding that his clients have nothing to say because the prosecution witnesses have already spoken for them.
“Chief David Cham told the court that he never asked the people of Baati to stop work at Barajal when it is in record that he gave a letter to Salieu Ceesay in which he instructed the people of Baati to stop work at the rice field,” said Lawyer Mboge.
Lawyer Mboge submitted that the only justice is to acquit and discharge the accused persons. He cited sections 106, 97 and 98 of Criminal Code, adding that David Cham should be charged for contempt of court.
In response, the Prosecutor, Sub-inspector Colley said he relied on the witnesses that he called, especially Pw1, Pw2 and PW3 and submitted that the accused persons have a case to answer.
At this stage, the case was adjourned to the 21st of August 2014 for ruling on whether the accused persons have a case to answer or not.