By Adama Makasuba
The Kanifing Magistrate Court has heard a “no case to answer” submission filed by the defense in the ongoing trial involving Kemo Fatty, Alieu Bah and Omar Camara.
The trio are standing trial in a case instituted by the Inspector General of Police (IGP) on charges of unlawful assembly and common nuisance, stemming from an incident outside the National Audit Office (NAO).
Defense counsel told the court that the prosecution has failed to establish a prima facie case, arguing that the evidence presented does not meet the legal threshold required for the accused persons to be called upon to enter their defense.
They submitted that the prosecution bears the burden of proving all essential elements of the alleged offences beyond reasonable doubt, adding that this has not been achieved through the testimonies of witnesses presented in court.
The defense further argued that there is no credible evidence showing that the accused persons participated in an unlawful assembly or caused any disturbance as defined under the Criminal Offences Act.
They maintained that the prosecution’s case, largely supported by police witnesses, is inconsistent and insufficient, and therefore cannot sustain a conviction.
In response, the prosecution urged the court to dismiss the submission, insisting that a prima facie case has been established. They argued that the accused persons should be called upon to open their defence.
Prosecution witnesses, mainly police officers, testified that the gathering at the NAO took place without a permit and that the situation became disorderly necessitating police intervention and dispersal.
One witness told the court that the accused persons allegedly insisted on proceeding with a press briefing despite being informed that authorization had not been granted, which led to their arrest.
The Magistrate Court is expected to rule on the submission before deciding whether the accused persons will proceed to enter their defense in the case being heard in The Gambia.
