Lawyer BanjuguNyangado on Wednesday, January 20, 2016 filed a ‘no case’ submission on behalf of his client Sheikh Cham, who was accused by the Drug Law Enforcement Agency the Gambia (DLEA-G) of obstruction, asking for his acquittal as the prosecution has not made any prima facie case against him.
He made this submission before Magistrate Omar Jabang of Kanifing magistrates’ court.
The DLEA-G was represented by prosecutor M.B Jallow.
In addressing the court, counsel for the accused person said his client was charged with obstruction contrary to section 71 (2d) of the Drug Control Act. He said such an application is made because there is no case against his client after all the testimonies of the prosecution witnesses are found to be in inconsistent, and therefore he can be freed.
He argued that it is a law that at the end of the closure of the prosecution’s testimony and accused person can be acquitted and discharged if no evidence is made out of him and that it is on this basis that he is relying on the law to call for the acquittal of his client.
“Now from the evidence heard from the prosecution witness’ evidences and cross examination, the inconsistency was shown that the prosecution at some point termed that the accused person has refused to be searched, arrested; that he has alerted the whole neighborhood. These, he added, consist the bulk of prosecution’s evidences while the argument before this court is that the accused is charged with obstruction. It was shown in the cross examination that the accused was not seen with any bag or container and the witnesses subsequently confirmed that a bag or container is required to carry 5 bundles of suspected cannabis. In my opinion, there is no reasonable ground to let the accused enter defence,” submitted defence counsel.
He said the prosecution witnesses have confirmed that during their conversation with the accused, they knew that he was not the prime suspect. He said despite the alleged shouting by the accused, it is not clear whether the whole neighborhood was alerted and whether the accused was not accepting to be searched to which he was not found in possession of any drug.
“I therefore urged the court to acquit and discharge my client as there is no sufficient evidence and the prosecution did not make a prima facie case against him,” defence counsel Nyangado submitted.
The case was therefore adjourned to 1st February, 2016 at 1pm for the prosecution to reply to the defence’s application.